Douglass v. State
| Decision Date | 08 May 1964 |
| Citation | 378 S.W.2d 749,213 Tenn. 643,17 McCanless 643 |
| Parties | Gilliam DOUGLASS v. STATE of Tennessee. 17 McCanless 643, 213 Tenn. 643, 378 S.W.2d 749 |
| Court | Tennessee Supreme Court |
John W. Norris, Brownsville, for plaintiff in error.
George F. McCanless, Atty. Gen., Walker T. Tipton, Asst. Atty. Gen., Nashville, for the State.
Defendant appeals from a conviction of voluntary manslaughter growing out of the slaying of Willie Earl Hays, hereafter referred to as deceased.
On Easter Sunday afternoon 14 April 1963 a group of Negroes gathered at the home of Will Ballard in Haywood County to engage in an Easter Egg Hunt. Deceased who had been drinking, arrived at this home about 3:30 P.M. and apparently a large crowed was already there milling around in the yard and house. Soon after arriving defendant became involved in a fist fight with Henry Thomas Jarratt. Almost immediately after this fight deceased procured an ax from the wood pile and with this ax in an upraised position started toward this group of people. However, before deceased could proceed very far, or cause any damages, he was subdued and the ax taken away from him.
A short time after the ax incident deceased came up behind defendant breaking a beer bottle over his head and running. The record is not clear as to the exact sequence of events following this incident, as the witnesses did not each see and hear alike, which is normal under such circumstances. The record clearly supports the following facts. When defendant was struck he turned around starting toward deceased drawing a pistol from somewhere on his person, and when about 15 feet from defendant, who was still running away, fired, hitting defendant. This shot stopped deceased possibly dropping him to his knees. The defendant again shot deceased, which last shot struck him about the face, and then proceeded on up to deceased and struck him in the head with his pistol. The defendant left in his car but later that night turned himself in to the Sheriff. The record supports the fact deceased was unarmed at the time he was shot.
The defendant took the stand and testified in his own behalf stating he shot deceased out of fear of his own life. Defendant's theory was that after deceased hit him with the bottle he was fearful for his life, as deceased was running toward the porch of the house, and defendant thought he was again going after the ax.
The assignments of error are summarized as follows:
1. The evidence preponderates against the verdict of guilty and in favor of the innocence of the defendant.
2. The Trial Judge erred in refusing to charge the defendant's Special Request No. 1.
3. The Trial Judge erred in admitting into evidence the record of the medical examiner.
4. The Trial Judge erred in permitting the witnesses Millard Hunter and Pete Hunter to testify because their names were not endorsed on the indictment as provided for in Section 40-2407, Tennessee Code Annotated.
Under the facts summarized above the State clearly made out a case for the jury. The first assignment of error is overruled.
The defendant submitted to the Trial Judge special request No. 1, which was a request in regard to self-defense. We have examined the charge given by the Trial Judge on self-defense and find it fully and accurately covers the facts of this case. Under such circumstances the refusal of the Trial Judge to also charge this special request would not be error. The second assignment of error is overruled.
Deceased was first taken to Brownsville, Tennessee and from there to Memphis, Tennessee where he died the next day at 10:00 A.M. Dr. J. T. Francisco the county medical examiner of Shelby County, appointed and acting under...
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State v. Hawkins
...charge does not fully and fairly state the applicable law. State v. Hanson, 279 S.W.3d 265, 280 (Tenn.2009); Douglass v. State, 213 Tenn. 643, 646, 378 S.W.2d 749, 750 (1964). A general defense, such as defense of another, need not be submitted to the jury unless it is “fairly raised by the......
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State v. Aucoin
...did not commit error in refusing to incorporate the paragraphs submitted by the defendant into his charge. Douglass v. State, 213 Tenn. 643, 646, 378 S.W.2d 749, 750 (1964); Gunn v. State, 487 S.W.2d 666, 669 (Tenn.Crim.App.1972), cert. den. 410 U.S. 958, 93 S.Ct. 1427, 35 L.Ed.2d 692 (1973......
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Aldridge v. State
...are directory only. McBee v. State, 213 Tenn. 15, 372 S.W.2d 173, cert. den.377 U.S. 955, 84 S.Ct. 1633, 12 L.Ed.2d 499; Douglass v. State, 213 Tenn. 643, 378 S.W.2d 749; Mendolia v. State, 192 Tenn. 656, 241 S.W.2d 606. A witness is not disqualified to testify because his name does not so ......
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Dorsey v. State
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