Bankston v. State

• Court: Supreme Court of Alabama
• Writing for the Court: ALMON
• Citation: 358 So.2d 1040
• Parties: In re Charlie L. BANKSTON v. STATE of Alabama. Ex parte Charlie L. Bankston. SC 2693.
• Decision Date: 07 April 1978

Page 1040

358 So.2d 1040 In re Charlie L. BANKSTON
v.
STATE of Alabama.
Ex parte Charlie L. Bankston. SC 2693. Supreme Court of Alabama. April 7, 1978.

Page 1041

George W. Cameron, Jr., Montgomery, and W. Clarence Atkeison, Prattville, for petitioner.

William J. Baxley, Atty. Gen., and Milton E. Belcher, Asst. Atty. Gen., for respondent.

ALMON, Justice.

Petitioner was convicted of murder in the second degree and his punishment was fixed at imprisonment in the penitentiary for twenty-five years. The Court of Criminal Appeals affirmed the conviction. We granted certiorari to determine whether the petitioner was entitled to offer evidence of the reputation of the deceased for being violent, turbulent, and bloodthirsty. We hold that he was and reverse.

Petitioner was involved in a three-party gun battle which took place on December 18, 1975, near Street's Restaurant on Highway 31 in Autauga County, Alabama. The battle was between petitioner, the deceased Pearson Weaver, Jr., and Wayne McCrory. When the smoke cleared, petitioner and McCrory were wounded. Weaver was dead; underneath him was his shotgun, still unfired.

Petitioner claimed self defense. His version of the facts shows that the shooting began when McCrory shot him. To defend himself, petitioner reached inside his garage and secured his shotgun. He saw the deceased pointing a shotgun at him but felled him with three quick blasts before the deceased could pull the trigger. For a detailed statement of the facts see the opinion of the Court of Criminal Appeals.

At trial, the petitioner offered the testimony of three witnesses to show the reputation of the deceased for being violent, turbulent, and bloodthirsty. The trial court refused to allow the evidence. The petitioner duly preserved the trial court's rulings for review and claims that they constitute reversible error.

Ordinarily, the character or reputation of the deceased in a murder trial is not involved as an issue, and proof relative thereto is generally inadmissible. Webster v. State, 207 Ala. 668, 93 So. 545 (1922). Such a rule of law is weighted in the consideration that the law does not distinguish between the killing of an evil person and that of a saintly person. Eiland v. State, 52 Ala. 322 (1875). However, evidence of the character or reputation of the deceased for turbulence, violence and bloodthirstiness should be received when it illustrates or explains words or acts of the deceased at the time of the killing or to show that the killing was in self defense. Eiland v. State, supra. The rationale of the rule allowing such evidence is that words spoken or actions taken by a person with a reputation for turbulence, violence, and bloodthirstiness may convey a meaning and intent different from the same words and actions of someone else. Seemingly innocent actions of the deceased may take on a different significance when considered in the light of his or her character.

Page 1042

It is well understood that evidence of the deceased's turbulent, violent, and bloodthirsty character is not competent absent some evidence tending to show that the killing was in self defense; that is, some overt act or hostile demonstration on the part of the deceased. Farley v. State, 279 Ala. 98, 182 So.2d 364 (1966); Wright v. State, 252 Ala. 46, 39 So.2d 395 (1949); Wells v. State, 187 Ala. 1, 65 So. 950 (1914); Green v. State, 143 Ala. 2, 39 So. 362 (1904). Such evidence is not available to the defendant if he or she is the aggressor. Sanders v. State, 242 Ala. 532, 7 So.2d 483 (1942); Rutledge v. State, 88 Ala. 85, 7 So. 335 (1889). However, on all doubtful questions of who is the aggressor, the bad character of the deceased for turbulence and violence should be admitted. De Arman v. State, 71 Ala. 351 (1882). When the evidence on...