Bynum v. State
| Decision Date | 12 June 1913 |
| Citation | 8 Ala.App. 79,62 So. 983 |
| Court | Alabama Court of Appeals |
| Parties | BYNUM v. STATE. |
Appeal from City Court of Anniston; Thomas W. Coleman, Judge.
Tom Bynum was convicted of a crime, and he appeals. Reversed and remanded.
Tate & Arnold and T.C. Sensabaugh, all of Anniston, for appellant.
R.C Brickell, Atty. Gen., and W.L. Martin, Asst. Atty. Gen., for the State.
If defendant was intentionally pointing the gun at deceased, and while doing so it was unintentionally fired, resulting in the death of deceased, defendant would be guilty of at least involuntary manslaughter because, though intending no harm to deceased, he was yet engaged in an unlawful act when pointing a gun at her, and the law holds him criminally responsible for the consequences of such an act. Johnson v State, 94 Ala. 41, 10 So. 667; Sanders v State, 105 Ala. 4, 16 So. 935.
We are of opinion, however, that there is no evidence in the record tending to support such a theory of fact. If there had been we would have held that the court was justified in refusing certain written charges requested by defendant, hereinafter set out. Fitzgerald v. State, 112 Ala. 40, 20 So. 966, and authorities, supra.
And, although defendant may not, at the time of the killing, have been engaged in the unlawful act of intentionally pointing the gun at deceased, yet, if under the circumstances he was grossly careless in the handling of the gun, a dangerous weapon, as a result of which it was discharged while its muzzle was inadvertently turned towards deceased, thereby killing her, he would likewise be guilty of at least involuntary manslaughter; for the law holds a person criminally responsible for gross carelessness, though not for mere carelessness. Fitzgerald v. State, supra; McGee v. State, 4 Ala.App. 54, 58 So. 1010; Medley v. State, 156 Ala. 78, 47 So. 218.
This court is of opinion, also, after carefully examining the record in consultation, that there is no evidence in this case of gross carelessness. Fitzgerald v. State, supra; McGee v. State, supra. If there had been, the trial court would likewise have been justified in refusing the above-mentioned written charges requested by defendant.
The present is a case in which, we think, the evidence tends to support, not three theories, as in Fitzgerald v State, 112 Ala. 40, 20 So. 966, but only two theories, as in McGee v. State, 4 Ala.App. 54, 58 So. 1010--that for the state tending to show that the defendant did the killing intentionally and maliciously, by intentionally and maliciously firing a gun at deceased, or at the brother of defendant, who was walking with deceased at the time, while the evidence for defendant tended to show that he was on the friendliest of terms with both deceased and defendant's...
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Reynolds v. State
...accidental. Campbell v. State, 13 Ala.App. 70, 69 So. 322 (1915); Fitzgerald v. State, 112 Ala. 34, 20 So. 966 (1895); Bynum v. State, 8 Ala.App. 79, 62 So. 983 (1913); Henderson v. State, 98 Ala. 35, 13 So. 146 (1893). The requested charge was properly refused because it was not a full and......
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Matkins v. State
...accidental. Campbell v. State, 13 Ala.App. 70, 69 So. 322 (1915); Fitzgerald v. State, 112 Ala. 34, 20 So. 966 (1895); Bynum v. State, 8 Ala.App. 79, 62 So. 983 (1913); Henderson v. State, 98 Ala. 35, 13 So. 146 As to the second paragraph of the stated portion of brief of counsel for appell......
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Bailum v. State
...is not necessary to reiterate then here nor to elaborate upon them in any manner. Johnson v. State, 94 Ala. 35, 10 So. 667; Bynum v. State, 8 Ala.App. 79, 62 So. 983; Sanders v. State, 105 Ala. 4, 16 So. Fitzgerald v. State, 112 Ala. 34, 20 So. 966; Benjamin v. State, 121 Ala. 26, 25 So. 91......
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Campbell v. State
... ... Johnson v. State, ... supra; Sanders v. State, supra ... [13 ... Ala.App. 79] We need not consider, therefore, whether there ... was or not any evidence in the case tending to show gross ... carelessness, which, if there were, would also render the ... charges faulty. Bynum v. State, 8 Ala.App. 79, 62 ... So. 983; Harrell v. State, 160 Ala. 91, 49 So. 805 ... As we ... find no error in the record, the judgment of conviction is ... affirmed ... ...