Burton v. State, 734

CourtSupreme Court of Alabama
Writing for the CourtMAYFIELD, J.
Citation194 Ala. 2,69 So. 913
Docket Number734
Decision Date30 June 1915
PartiesBURTON v. STATE.

69 So. 913

194 Ala. 2

BURTON
v.
STATE.

No. 734

Supreme Court of Alabama

June 30, 1915


Rehearing Denied Nov. 18, 1915

Appeal from Circuit Court, Cherokee County; W.W. Haralson, Judge.

William C. Burton was convicted of murder in the second degree, and he appeals. Affirmed. [69 So. 914]

Hugh Reed and W.J. Lumpkin, both of Centre, for appellant.

W.L. Martin, Atty. Gen., and J.P. Mudd, Asst. Atty. Gen., for the State.

MAYFIELD, J.

Defendant was indicted for the murder of his father, and was convicted of murder in the second degree and sentenced to the penitentiary for 30 years.

At the time his father was killed the defendant and deceased were alone, riding in a buggy. The father was shot through the head, the ball entering under one ear and coming out above the opposite eye. Deceased was shot while in the buggy, or while attempting to alight therefrom, and, on being shot, fell from the buggy, and was by the defendant placed back in the buggy and carried to the store of Snead, about half a mile distant from where the shooting occurred, where he died within a few minutes. Only one ball or bullet penetrated the body of deceased.

There was some difference in the evidence of the witnesses as to the probable size or caliber of the ball which inflicted the wound, this evidence varying the size from a 32 to a 44 caliber ball. The evidence of the state tended to show that the wound was inflicted by a 32 or a 38 caliber ball, while that of the defendant, tended to show a 41 or a 44 caliber. The particular relevancy and materiality of this evidence was due to the undisputed fact that the defendant had with him, on the fatal occasion, a pistol which was of a 32 or a 38 caliber.

The defendant's version of the killing was that he and his father, both of whom lived in Georgia near the line of Alabama, were over in Alabama to see some men for the purpose of swapping horses, and that while driving along the public road in a sparsely settled part of the country, and in a secluded spot in the road, they were approached by a highway robber, who hailed them and asked the defendant for a match, which request being granted, the highwayman stuck a pistol in the face of defendant and compelled him to stand up in the buggy, and searched him for money; that the robber found no money, but did take the pistol of defendant, which was on the seat under defendant; that the robber then ran his hand into the pocket of the father and took from him his pocketbook, and that the father then arose from his seat in the buggy and attempted to alight, saying that he would die before any one should take his money in that manner, or words to this effect; that the robber then fired the fatal shot into the head of the father, who fell back into the buggy, and that the horses jumped and the father fell from the buggy, the hind wheels of the buggy running over his legs; that defendant stopped the horses as soon as he could and, going back, raised [69 So. 915] his father in his arms and placed him in the buggy, and drove at once to Snead's store, where his father died; that his father never spoke after he was shot; that the robber, after firing the shot, went off through the woods.

Dogs were obtained as soon as possible, which was late in the afternoon, the shooting having occurred about 10 o'clock a.m. There was evidence to the effect that these dogs took a trail, near the scene of the shooting, moving in the direction in which the defendant says the robber went, and followed it to a nearby barn, which was searched by the hunting party with the permission of the owner, but no one was found. The owner testified that about this time he lost a bridle from the barn, but did not know who got it. There was also testimony to the effect that the track of some one was seen in the woods, or near the road, and between the scene of the killing and the barn in question, and likewise evidence to the effect that a strange-looking man was...

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13 practice notes
  • Vanpelt v. State , CR–06–1539.
    • United States
    • Alabama Court of Criminal Appeals
    • March 19, 2010
    ...the jury to appraise the value of the whole evidence as tending to show motive.”224 Ala. at 6, 140 So. at 448. See also Burton v. State, 194 Ala. 2, 69 So. 913 (1915) (evidence of a life insurance policy was admissible even though the policy was payable to the wife of the deceased); Spicer ......
  • Vanpelt v. State, No. CR-06-1539 (Ala. Crim. App. 12/18/2009), No. CR-06-1539.
    • United States
    • Alabama Court of Criminal Appeals
    • December 18, 2009
    ...the jury to appraise the value of the whole evidence as tending to show motive." 224 Al. At 6, 140 So. at 448. See also Burton v. State, 194 Ala. 2, 69 So. 913 (1915) (evidence of a life insurance policy was admissible even though the policy was payable to the wife of the deceased); Spicer ......
  • Huff v. State
    • United States
    • Alabama Court of Criminal Appeals
    • March 15, 1991
    ...cert. denied, 407 U.S. 923, 92 S.Ct. 2473, 32 L.Ed.2d 810 (1971); Lane v. State, 40 Ala.App. 174, 109 So.2d 758 (1959); Burton v. State, 194 Ala. 2, 69 So. 913 Cole v. State, 352 So.2d 17, 19 (Ala.Cr.App.), cert. denied, 352 So.2d 20 (Ala.1977). See also Bowens v. State, 54 Ala.App. 491, 30......
  • Murrell v. State, 4 Div. 723
    • United States
    • Alabama Court of Criminal Appeals
    • July 17, 1979
    ...to those individual talesmen jurors and not the whole jury panel. Nickerson v. State, 283 Ala. 387, 217 So.2d 536 (1969); Burton v. State, 194 Ala. 2, 69 So. 913 (1915); Davidson v. State, 211 Ala. 471, 100 So. 641 (1924); Junior v. State, 47 Ala.App. 518, 257 So.2d 844 (1971), cert. denied......
  • Request a trial to view additional results
13 cases
  • Vanpelt v. State , CR–06–1539.
    • United States
    • Alabama Court of Criminal Appeals
    • March 19, 2010
    ...the jury to appraise the value of the whole evidence as tending to show motive.”224 Ala. at 6, 140 So. at 448. See also Burton v. State, 194 Ala. 2, 69 So. 913 (1915) (evidence of a life insurance policy was admissible even though the policy was payable to the wife of the deceased); Spicer ......
  • Vanpelt v. State, No. CR-06-1539 (Ala. Crim. App. 12/18/2009), No. CR-06-1539.
    • United States
    • Alabama Court of Criminal Appeals
    • December 18, 2009
    ...the jury to appraise the value of the whole evidence as tending to show motive." 224 Al. At 6, 140 So. at 448. See also Burton v. State, 194 Ala. 2, 69 So. 913 (1915) (evidence of a life insurance policy was admissible even though the policy was payable to the wife of the deceased); Spicer ......
  • Huff v. State
    • United States
    • Alabama Court of Criminal Appeals
    • March 15, 1991
    ...cert. denied, 407 U.S. 923, 92 S.Ct. 2473, 32 L.Ed.2d 810 (1971); Lane v. State, 40 Ala.App. 174, 109 So.2d 758 (1959); Burton v. State, 194 Ala. 2, 69 So. 913 Cole v. State, 352 So.2d 17, 19 (Ala.Cr.App.), cert. denied, 352 So.2d 20 (Ala.1977). See also Bowens v. State, 54 Ala.App. 491, 30......
  • Murrell v. State, 4 Div. 723
    • United States
    • Alabama Court of Criminal Appeals
    • July 17, 1979
    ...to those individual talesmen jurors and not the whole jury panel. Nickerson v. State, 283 Ala. 387, 217 So.2d 536 (1969); Burton v. State, 194 Ala. 2, 69 So. 913 (1915); Davidson v. State, 211 Ala. 471, 100 So. 641 (1924); Junior v. State, 47 Ala.App. 518, 257 So.2d 844 (1971), cert. denied......
  • Request a trial to view additional results

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