Carter v. State
| Decision Date | 10 June 1944 |
| Citation | 181 S.W.2d 137,181 Tenn. 259 |
| Parties | CARTER et al. v. STATE. |
| Court | Tennessee Supreme Court |
Error to Circuit Court, Crockett County; Hugh L. Clarke, Judge.
Hassell Carter, alias, and others were convicted of assault with intent to murder, and they bring error.
Reversed and remanded with directions.
S Homer Tatum, of Alamo, and W. N. Beasley, of Halls, for plaintiffs in error.
Ernest F. Smith, Asst. Atty. Gen., for the State.
The three plaintiffs in error, Carter, Forsythe and Turner, were convicted of assault with intent to commit murder in the first degree on the body of Jack Prescott, with a prison sentence of not less than three nor more than five years.
Conceding that an assault was made by two of the defendants, Forsythe and Turner, Carter, who was convicted as an aider and abetter, denies that he participated in the assault. They all insist that there is no evidence to sustain the conviction of an intent to commit murder, that they had no intention of inflicting death upon Prescott, and that such intent is an essential of the crime of which they stand convicted.
Briefly summarized, the record shows that three boys, who seem to have resided near Friendship, in Crockett County, while riding around on the night of the alleged assault, with three young girls, drove thru the town of Maury City and, passing near a lumber shed, accosted two colored boys who were standing under this shed, and who were strangers to them, and they testify that one of the negro boys, later identified as defendant Turner, responded with the epithet s___ o___ b___. The proof is not clear as to just what language the white boys had used, but it is quite evident that it provoked some response. They did not then stop, but after carrying the girls home, they returned to Maury City and drove back to the point where this colloquy had taken place and got out of the car. Thereupon the two colored boys left the shed and moved around to the rear and out of sight and range. The white boys then drove their car down into the town and picked up the prosecutor, Jack Prescott, and another boy with the expectation of taking Prescott back out into the country and dropping him at his home. However, they at once reported to Prescott the incident, and while all of the parties were sitting in the car Turner passed along the sidewalk going in the direction which we understand to be toward his home. He was carrying in his hand a beer bottle. Thereupon Prescott, a young man twenty-two years of age, who had recently been discharged from the military service following an attack of pneumonia, but who claims to have practically recovered his health, took upon himself the task of calling the colored boy to account. He says, and his account is verified by the young boys in the car with him that he borrowed a knife from one of the occupants of the car and, with this knife in his hand, alighted from the car and started after the boy, Turner, up the sidewalk. The testimony seems to indicate that Turner quickened his pace and was followed some steps by Prescott. The weight of the proof is that Prescott had not opened the knife, but we think it a reasonable inference that Turner knew or suspected him of being armed with this weapon. At this stage of the proceedings, Forsythe and Carter, young white men who seem to have lived in the town and knew the colored boy, appeared upon the scene and, stepping between Prescott and Turner called to Turner to stop, with the remark that Prescott was not going to harm him. Thereupon Turner turned about and faced the parties, Prescott, Forsythe and Carter. The evidence is that about this time, and upon what provocation does not appear, Forsythe struck Prescott with his fist knocking him over against the building, and about the same time Turner threw at Prescott the beer bottle which he had been carrying which struck him in the head and which he testifies staggered him. Prescott thereupon retreated to the car and climed in and was followed by the three plaintiffs in error, and the evidence is that they pulled him out of the car and proceeded to give him a beating, using their fists and knocking him down, in which position he was kicked once or...
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