Ex parte Sloane

• Decision Date: 28 April 1892
• Citation: 11 So. 14,95 Ala. 22
• Parties: EX PARTE SLOANE.
• Court: Alabama Supreme Court

11 So. 14

95 Ala. 22

EX PARTE SLOANE.

Supreme Court of Alabama

April 28, 1892

William Sloane was arrested and imprisoned on a charge of murder, and brings an application by habeas corpus to be admitted to bail. Denied.

On the hearing of the petition the evidence for the petitioner was to the effect that on the night of the shooting Henry Morton Ike Morton, and Jesse Phillips came to the gate of William Sloane's house, and, hailing him, asked the said William Sloane if Martha Morton was at his house; that the said William Sloane answered that "she has been here, but is not here now;" that, upon Henry Morton saying "they had come for Martha or a row," the said Sloane told them to come into his house and search for themselves; that thereupon Ike Morton and Jesse Phillips went into the house and Ike Morton went up to the bed, where two of Sloane's younger daughters were sleeping, and ordered them out of the bed, saying he wanted to see what was there; that about this time James Morton, the deceased, came up to the gate, and asked if Martha was there, and the said Sloane answered "She has been here, but is not here now;" that the said James Morton then said, "I will have revenge out of you in spite of hell, if it takes me twenty years." One of the witnesses for the petitioner testified that at this time she heard a noise from where James Morton was standing which sounded like the crack of a pistol. That James Morton said to said William Sloane: "You had better shoot. You will never have the chance to draw a gun on another man;" and that then the gun fired. By this shot James Morton received wounds which proved fatal. There was no substantial conflict in the testimony for the state and for the petitioner. The testimony for the state tended to prove that upon the said William Sloane telling James Morton, the deceased, that Martha Morton had gone off with Charlie Mitchell and another man, the deceased then said he would have revenge, and that thereupon the deceased turned to walk away, and, after going two or three steps, turned towards Sloane, and said, "You had better use that gun if you draw it on me, for you will never draw it on another man;" that Sloane drew the gun down, and said, "I'll shoot you;" that deceased said, "Crack away;" that Sloane fired, and Morton fell.

L. A. Dobbs and Brickell, Temple & Gunter, for petitioner.

Wm. L. Martin, Atty. Gen., for the State.

COLEMAN J.

Section 3725 of the Code reads as follows: "Every homicide perpetrated by poison, lying in wait, or any other kind of willful, deliberate, malicious, and premeditated killing, *** is murder in the first degree; every other homicide committed under such circumstances as would have constituted murder at common law, is murder in the second degree." The declaration of rights in the constitution of the state (section 17) provides "that all persons shall, before conviction, be bailable by sufficient sureties, except for capital offenses, were the proof is evident, or the presumption is great." Murder in the first degree may be punished capitally. The four ingredients necessary to constitute murder in the first degree-willful, deliberate, malicious, and premeditated-have each often been the subject of judicial construction by this court as well as other tribunals. We will not undertake it again. Lang v. State, 84 Ala. 1, 4 South. Rep. 193; Mitchell v. State, 60 Ala. 26; Hornsby v. State, (Ala.) 10 South. Rep. 522; Hammil v. State, 90 Ala. 582, 8 South. Rep. 380. Words of provocation, not accompanied with an assault, or acts evincing an intention to resort to immediate...