Easley v. State
Decision Date | 14 December 1944 |
Docket Number | 2 Div. 204. |
Citation | 246 Ala. 359,20 So.2d 519 |
Parties | EASLEY v. STATE. |
Court | Alabama Supreme Court |
Rehearing Denied Feb. 1, 1945.
S.W. Compton, of Linden, for appellant.
Wm N. McQueen, Acting Atty. Gen., and John O. Harris, Asst Atty. Gen., for the State.
This appeal comes to us under the automatic appeal act approved June 24, 1943 General Acts Alabama Reg.Sess.1943, and Special Sess.1942 pp. 217, 219, § 10 of which provides: Code 1940, Tit. 15, § 382(10).
The appellant was convicted of murder in the first degree and sentenced to death. On his trial the state, with other evidence, offered proof of a confession made by the defendant, detailing the particulars of the difficulty between himself and his wife, Dotsie Easley, the victim. This confession and the testimony given by defendant on the trial were the only evidence in the case going to show the particulars of the difficulty.
The substance of the confession and defendant's testimony on the trial was that Dotsie had gone with her mother and sister to Mobile to visit her mother's sister, Dotsie's aunt. They left on Sunday and came back on Thursday afternoon on the bus, and Dotsie got back home about 3 o'clock; and he, defendant, asked what she had been doing in Mobile, and she told him that he would have to go down there and find out. They argued a little about it while she was cooking dinner. They had dinner and he said and go and live with her father, that she couldn't get along with him.
and he happened to think of an axe handle he had in the house, and left her on the floor in a kneeling position, and he ran across the room and picked up the axe handle and he struck her once with the axe handle, and she didn't holler any more. Then he took off his under shirt, which was all he had on, and went in the kitchen and washed up. He then dressed, closed up the house, locked the door, and as he started out of the door he heard somebody speak in the road, which is just a few steps from the house. He said he just knew that voice was Dotsie's father and he was there after him and he ran then. He then went to the county jail, told the deputy sheriff that he had had a difficulty with his wife and had cut her and asked to be locked up.
The evidence further shows that in the fight he inflicted on his wife many wounds, described by Dr. G. N. Williams as follows:
The evidence further shows that he was a person of low mentality, but a good worker; nice and respectable among white people but fussy among his own race. Dotsie never regained consciousness, but died next morning about 5 o'clock. The evidence further tended to show that defendant loved his wife, objected to her working in the field; but that he was jealous of her, especially in respect to a man by the name of Hezekiah, who was her uncle by marriage, having married her mother's sister, the sister having died.
The court in submitting the case to the jury charged on the law of murder in the first degree and murder in the second degree, concluding the oral charge as follows: 'I have given you the law on the subject and endeavored to clarify it to you; but it is a matter solely within your province to determine what are the facts from the evidence presented to you here on the witness stand. If after you have carefully considered the evidence presented to you here in this case you are convinced beyond a reasonable doubt that the defendant is guilty of murder in the first degree as defined to you by the Court, then the form of your verdict would be either, 'We, the jury, find the defendant guilty of murder in the first degree as charged in the indictment, and fix his punishment at death by electrocution,' or 'We the jury, find the defendant guilty of murder in the first degree, as charged in the indictment, and fix his punishment at imprisonment in the penitentiary for the term of his natural life,' one of your number signing the verdict as foreman. If on the other hand, you are not convinced beyond a reasonable doubt from the evidence presented to you in this case that the defendant is guilty of murder in the first degree, but are satisfied beyond a reasonable doubt that he is guilty of murder in the second degree, the form of your verdict would be, 'We, the jury, find the defendant guilty of murder in the second degree, as charged in the indictment, and fix his punishment at imprisonment, in the penitentiary for a term of _____ years,' this would be not less then ten years and any number from ten years up, one of your number signing the verdict as foreman. If, after considering all the evidence in this case, the defendant has reasonably satisfied you from the evidence that he is not guilty by reason of insanity, the form of your verdict would be, 'We, the jury, find the defendant not guilty by reason of insanity,' one of your number signing the verdict as foreman. If you are not satisfied beyond a reasonable doubt from the evidence that the defendant is guilty of murder in the first degree or murder in the second degree as defined to you by the Court, the burden being upon the State to satisfy you beyond a reasonable doubt that he is guilty of murder in the first degree or murder in the second degree, then it would be your duty to find the defendant not guilty, and the form of your verdict would be, 'We, the...
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Petersen v. State
...blow given, or apparently about to be given." ...’ Reeves v. State, 186 Ala. 14, 65 So. 160, 161 [(1914)]." Easley v. State, 246 Ala. 359, at 362, 20 So. 2d 519, 522 (Ala. 1944). Thus, the mere appearance of imminent assault may be sufficient to arouse heat of passion.’" Cox v. State, 500 S......
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Petersen v. State, CR-16-0652
...aroused by the blow given, or apparently about to be given." Reeves v. State, 186 Ala. 14, 65 So. 160, 161 [(1914)]." Easley v. State, 246 Ala. 359, at 362, 20 So. 2d 519, 522 (Ala. 1944). Thus, the mere appearance of imminent assault may be sufficient to arouse heat of passion.'"Cox v. Sta......
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Petersen v. State
...blow given, or apparently about to be given." ...' Reeves v. State, 186 Ala. 14, 65 So. 160, 161 [(1914)]." Easley v. State, 246 Ala. 359, at 362, 20 So.2d 519, 522 (Ala. 1944). Thus, the mere appearance of imminent assault may be sufficient to arouse heat of passion.' Cox v. State, 500 So.......
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Spencer v. State
...blow given, or apparently about to be given.' ..." Reeves v. State, 186 Ala. 14, 65 So. 160, 161 [(1914)].' Easley v. State, 246 Ala. 359, at 362, 20 So. 2d 519, 522 (Ala. 1944). Thus, the mere appearance of imminent assault may be sufficient to arouse heat of passion." Cox v. State, 500 So......