Gibbons v. State

• Decision Date: 13 March 1912
• Parties: GIBBONS v. STATE.
• Court: Georgia Supreme Court

74 S.E. 549

137 Ga. 786

GIBBONS v. STATE.

Supreme Court of Georgia

March 13, 1912

Syllabus by the Court.

Sufficient foundation was laid for the admission, as a dying declaration, of the decedent's statement that the accused "shot her because she asked him for a match."

Statements made by the accused after the commission of the act upon which the indictment was founded, and which were not in the nature of res gestæ, were inadmissible in evidence.

The court did not err in refusing to permit a witness for the defendant to testify that "immediately after the shooting took place the defendant went to the husband of the deceased and called him down to the scene of the shooting."

There was nothing in the evidence to authorize a charge as to the law of involuntary manslaughter.

Error from Superior Court, Jefferson County; B. T. Rawlings, Judge.

Charles Gibbons was convicted of murder, and brings error. Affirmed.

Charles Gibbons was tried for the offense of murder, it being charged in the indictment that he shot and killed Jane Long with a pistol. The jury returned a verdict of guilty, without a recommendation. He made a motion for a new trial, which was overruled.

On the trial, Jim Powell testified as follows: "I know Charles Gibbons; there he is. I knew Jane Long; she is dead. I can't tell the date or the month of her death. I don't know exactly what time; but she died on Sunday evening after she was shot. I don't know the month; but it was in this year, 1911. I wasn't there when she died. I saw her when the shooting occurred. I was there when it happened; but I wasn't at her home when she died. She didn't lie down and die right away. The shooting was done late in the night, and she lived from that time until Saturday evening following. Charles Gibbons shot her. I saw the shooting. I was there, sitting right side of her, when she was shot; and she fell across my lap and said 'Oh! Lord, Jim; I am shot.' She said that to Charlie Gibbons right at the time. At the time of the shooting, Jane Long was sitting down. She had my pipe and tobacco in her hand at the time, but nothing else, as I know of. She was doing nothing to Charlie Gibbons, when he shot her, as I know of. She hadn't done anything to him at all, as I know of. It was dark. I don't know what she was doing; but she wasn't doing anything, as I know of, and, if she was doing anything, I could have seen it. It would be according to what she was doing. I was looking at her, and she had my pipe and tobacco; but she didn't have anything else in her hand. She wasn't saying anything to Charles at the time he shot her, as I know of; only asked him for a match. He didn't give it to her. He told her he didn't have a match, but he would light her pipe. I didn't hear him say what he would light it with; but he said he would light her pipe, and she was shot shortly afterwards. It wasn't as much as a minute afterwards before he shot her. I seen his pistol. I would know his pistol if I were to see it again. This is his pistol [identifying pistol shown]. That is the same gun that he shot the woman with. He was right close to her when he shot her, not a step apart hardly."

Another eyewitness to the killing was Bob McBride, who testified, in part, as follows: "I know Jane Long. I was present the night she was killed. I saw her when she got shot. Charlie Gibbons shot her with a pistol. I was standing about as far from him when the shooting took place as from here to that gentleman there, I guess [indicating the stenographer]. She wasn't doing anything to Charles when he shot her. As to what Charles was doing at the time he shot her, he got up and walked off, and went around and shot her. He got up off the steps. I couldn't tell who all there was sitting on the steps; but the steps was full of people. I don't know who all was there. Charlie was the only man that got up and walked off up there in front of her. As to what she said to Charles to make him shoot her, she asked Jim, she says 'Jim Powell,' she says, 'Jim, I want to smoke. Give me some tobacco and your pipe.' Jim says, 'I have got tobacco and pipe, but I haven't got any match,' and she says, 'Charlie, give me a match,' and Charlie got right up off of the steps, walked off, and he walked by me, and as he come by me he says, 'All right, I will give you a light,' and he give himself a quick turn that way, and the pistol fired, and she hollered and says 'Jim, Charlie has shot me! Charlie has shot me!' Charlie then didn't say nothing. Charlie hadn't then said nothing still. *** He was sitting on the steps below Jim Powell and Jane, on the second step from the ground, and Jim sitting on the second step from him. Jane asked this man Charlie Gibbons, for a match. He didn't say that he didn't have any match. He just got right up, and walked around, and says, 'I will give you a light,' and then he whirled. He had his hand already along here, and, when he says, 'I will give you a light,' he whirled and shot her. He didn't pull his pistol out and stick it at her. I will show you how he done it [indicating]. The pistol didn't fire until he turned around. He didn't take his pistol out at all. I was looking at the barrel of the pistol in his hand. The woman said, 'Oh! Jim; Charlie has shot me.' Charlie didn't say right away, 'I didn't shoot you.' He waited awhile, and after a while he said, 'You say I for shoot you?' And he said, 'I didn't for shoot you.' He says, 'Jim shot you.' I said I looked at the place where this woman was shot after she was shot. It struck her right along here [indicating right side], and came out right along here. She was hit on the right side, and it came out back here, on the left-hand side. That is the way it...