Anderson v. State

• Decision Date: 31 January 1950
• Docket Number: 6 Div. 898
• Citation: 35 Ala.App. 111,44 So.2d 266
• Parties: ANDERSON v. STATE.
• Court: Alabama Court of Appeals

Page 266

44 So.2d 266

35 Ala.App. 111

ANDERSON v. STATE.

6 Div. 898.

Court of Appeals of Alabama.

Jan. 31, 1950.

David Satterwhite, of Birmingham, for appellant.

A. A. Carmichael, Atty. Gen., and Robt. Straub, Asst. Atty. Gen., for the State.

The following charges were refused to defendant:

'5. The court charges the jury that the only basis upon which you could convict the defendant would be that each and every one of you became convinced beyond all reasonable doubt of the guilt of the defendant, and if you are not so convinced you could not convict the defendant.'

'8. The court charges the jury that the defendant is on trial only for the crime charged in the indictment and nothing more, and unless the State has convinced you from the evidence in this case, beyond all reasonable doubt, of the guilt of the defendant as to charged it would be your duty to acquit the defendant and find him not guilty.'

'12. The court charges the jury that if there are two or more theories equally supported by the evidence in this case, one of which is consistent with the innocence of the defendant and the other inconsistent therewith it is your duty to accept the theory consistent with the defendant's innocence and find him not guilty.'

Charges 13, X and Y are similar in substance to charge 12.

HARWOOD, Judge.

This appellant was indicted for murder in the first degree, the charge growing out of the death of his wife. His jury trial resulted in a verdict of guilty of manslaughter in the first degree. Judgment and sentence were entered in accordance with the verdict.

The deceased, Mrs. Willie Belle Anderson, died in the Jefferson-Hillman Hospital on Sunday, August 22, 1948, at about 7:20 P.M., as a result of a massive subdural hemorrhage, which in the opinion of medical testimony introduced by the State resulted from a trauma, that is a blow, or blows, to the head. Mrs. Anderson had been admitted to the hospital in a comatose condition the day previous to her death.

Mrs. W. M. Lacey, a witness for the State, testified that she lived in an apartment adjoining that of the Andersons, a part of the wall separating the two apartments being a swinging door which had been nailed up.

On Friday, August 20, 1948, between 3 and 5 o'clock in the afternoon, she heard from the Anderson's apartment a man's voice saying 'I have told you and told you not to do it,' and after that the sound of blows, with a woman's voice 'begging some one not to hit her anymore, that he would kill her.' The blows sounded like someone hitting a punching bag. After the blows she heard a thud.

After the blows had stopped she heard a man's voice tell someone to 'Get your God damn clothes and get the hell out of here.' After this command she heard the same male voice in a pleading tone asking someone to get up, following which she could only hear some mumbling.

She telephoned Mrs. Rose Sparrow Moore, who lived in the same apartment building to come up, and Mrs. Moore arrived in Mrs. Lacey's apartment shortly thereafter.

Mrs. Moore testified that when she got to Mrs. Lacey's apartment she went to the kitchen. There she heard a man's voice in the Anderson apartment: 'he was calling her a God damn son of a bitch, and telling her to get up and get out. * * * and then for a certain period of time, a few minutes--there seemed to be fear in his voice. He said 'please, get up,' in a different tone, as if begging her to get up--and frightened.'

After that she heard nothing more from the Anderson apartment.

Mrs. D. L. Pitner another resident in the apartment building testified that the first landing of the steps to her apartment was beneath the bathroom window of the Anderson apartment. About noon on August 20, 1948, she was on this landing, and heard voices arguing in the Anderson apartment, and the sound of slaps. She heard a woman's voice asking 'Jack, why do you treat me this way; I love you so much.'

Between 4 and 5 o'clock that same afternoon she returned to the landing. This time she heard fighting in the Anderson apartment. 'He was calling her a no good son of a bitch, and everything, and just cursing her.'

This time Mrs. Pitner 'heard licks pass,' and she heard 'one very bad lick and something like a person falling,' and a woman's voice say: 'for God's sake Jack, don't hit me anymore.'

Coley Wright, janitor for the apartment building, a witness for the State, testified that following a report made to him by Mrs. Moore he went to the Anderson apartment. The appellant answered his knock on the door. Appellant was unclothed at this time. Wright was admitted to the apartment by the appellant. He observed Mrs. Anderson lying unconscious on the bathroom floor, with her head near a radiator. Blood was coming from her nose and mouth.

The appellant told Wright that Mrs. Anderson was drunk and had fallen off the commode, and that it was not necessary to call a doctor.

Wright and appellant picked Mrs. Anderson up. She said nothing the whole time he was in the apartment.

The next morning appellant came down and got Wright who drove him out to get a nurse.

When they returned to the apartment he saw Mrs. Anderson again, and she was still unconscious. He observed a bruise on Mrs. Anderson's forehead.

Alice Williams, a witness for the State, testified that she lived with Coley Wright back of the apartment building.

About 2 o'clock on the afternoon of Friday, August 20, 1948, the appellant came to her and said that his wife was drunk and had urinated on herself and he wanted her to give his wife a bath.

The witness went to the Anderson apartment. Mrs. Anderson was lying on the bathroom floor, and she did not observe that she was bleeding, though there was evidence she had urinated on herself.

She gave Mrs. Anderson a bath, and put her to bed. Very shortly Mrs. Anderson got out of bed. The appellant told her to lay back down, and she called him a son of a bitch. The appellant thereupon struck her a blow 'up here' with his fist and knocked her down. Mrs. Anderson again called appellant a son of a bitch and he slapped her.

Mrs. Anderson then told him 'Jack Anderson, you are going to pay for this sooner or later.'

Mrs. Anderson then came to the witness and asked her not to let appellant hit her any more, and witness replied she wouldn't. The witness then immediately left the Anderson apartment.

She returned in the afternoon around 4 o'clock, and remained until she had prepared supper. Mrs. Anderson was drunk at this time, and the witness fed her her supper.

The next morning, Saturday, August 21, 1948, the appellant came to this witness and requested that she come and try to clean Mrs. Anderson up until he could get a nurse.

When this witness came to the Anderson apartment on Saturday morning Mrs. Anderson was apparently unconscious.

The appellant told the witness to wash some bloodstained towels. There were some five or six of these towels. Some were soaked with blood. The appellant told the witness 'Alice, there is some clorox and bleaching that Belle used, and put some on there so nobody won't see the stain.'

When the nurse arrived the witness assisted in cleaning some blood from around Mrs. Anderson's mouth.

The appellant was drinking Saturday morning.

Mrs. Mabel Jones, a practical nurse, testified that she arrived at the Anderson apartment around 7 o'clock on Saturday morning, August 21, 1948, in response to a call. Mrs. Anderson was unconscious upon her arrival, and remained unconscious throughout the day. Mrs. Anderson had a knot on her head. Mr. Anderson spent the day in bed.

Mrs. S. A. Caudle, another practical nurse also tended Mrs. Anderson on Saturday. The appellant came for her in an automobile between six and seven o'clock that morning.

Upon arrival at the Anderson apartment she found Mrs. Anderson unconscious, with dried blood around her mouth and nose, and a knot on her head.

Mrs. Caudle suggested to appellant some half dozen times during the day that his wife be removed to a hospital. Appellant replied that there was nothing wrong with his wife but drunkenness, and he had told or promised his wife that he would not take her to a hospital.

On cross examination Mrs. Caudle testified that after receiving the call from the nurse's registry she called the Anderson place. Some woman answered the phone and stated that she was a nurse, and did not need a nurse, and then broke the connection. Mrs. Caudle called a second time. Mr. Anderson answered this time, and made arrangements for picking her up. Later the appellant and a driver did come and get her.

Mrs. Gladys Jenkins, a practical nurse, testified that she spent the Wednesday night prior to Mrs. Anderson's death in the Anderson apartment. Mrs. Anderson, who was also a practical nurse, had an alcoholic patient in the apartment whom she was nursing. Mrs. Anderson was sober during her stay with her. Friday morning Mrs. Jenkins talked with Mrs. Anderson over a phone, and she sounded normal and sober. She called again Friday night but got no answer.

Mrs. Anderson was taken to the Jefferson-Hillman Hospital by Mrs. Caudle and Mrs. Jones around 7 P.M. on Saturday. She expired the following day, August 22, 1948 around 7 P.M., having never regained consciousness.

J. O. Norrell, a detective for the City of Birmingham, testified that he went to the hospital on August 22, 1948, and found Mrs. Anderson dead. She had a bruise on her forehead. He thereupon went to appellant's apartment. Appellant had been drinking, but gave him permission for an autopsy.

Mr. Norrell observed a spot of blood and saliva on the bathroom floor when he examined the Anderson apartment.

Later when he interviewed appellant the appellant stated he had been in Decatur on Friday, August 20, 1948, and had returned to his apartment around 7:30 or 8:00 o'clock that night. He walked into the kitchen, and not finding his wife he came back to the bathroom and found her lying on the bathroom floor unconscious.

Mr....