Glass v. State, 4 Div. 543.
| Court | Alabama Court of Appeals |
| Citation | 198 So. 70,29 Ala.App. 468 |
| Docket Number | 4 Div. 543. |
| Parties | GLASS v. STATE. |
| Decision Date | 25 June 1940 |
198 So. 70
29 Ala.App. 468
GLASS
v.
STATE.
4 Div. 543.
Court of Appeals of Alabama
June 25, 1940
Rehearing Denied Aug. 6, 1940.
Appeal from Circuit Court, Houston County; D. C. Halstead, Judge.
Harvey, alias Shorty, Glass was convicted of manslaughter in the first degree, and he appeals.
Affirmed. [198 So. 71]
W. L. Lee and Alto V. Lee, III, both of Dothan, for appellant.
Thos. S. Lawson, Atty. Gen., and John W. Vardaman, Asst. Atty. Gen., for the State.
BRICKEN, Presiding Judge.
The indictment in this case charged appellant, defendant below, with the offense of murder in the first degree, in that he unlawfully and with malice aforethought killed Bobbie Lee Whitehead by shooting him with a pistol, etc.
In answer to the indictment, the defendant interposed a plea of "not guilty," and also a special plea of "not guilty by reason of insanity," under the provisions of Section 4573, of the Code 1923.
The trial of the case, in the court below, resulted in the conviction of the defendant for the offense of manslaughter in the first degree, and the jury fixed his punishment at ten years' imprisonment; whereupon the trial court duly and legally adjudged him guilty in accordance with the verdict of the jury, and sentenced him to imprisonment in the penitentiary for a period of ten years. From such judgment, pronounced and entered, this appeal was taken.
From the evidence it appears without dispute that Harvey Glass, defendant, was a policeman in the Town of Ashford, Houston County, Alabama; and that on a Saturday afternoon, in the month of August, 1938, he, Glass, undertook to arrest [29 Ala.App. 469] Bobbie Lee Whitehead, deceased, who appeared to be drinking. The facts incident may be best stated by quoting from the testimony of State witness Carl Thompson, whose quoted statements were corroborated by several eye witnesses. Said Thompson, among other things, testified as follows:
"In August last year I was present in Ashford, Alabama, when Shorty Glass, the Defendant, shot Bobbie Lee Whitehead. * * * I was standing talking to Bobbie Lee Whitehead when Shorty walked up. Shorty caught him by the arm and pushed him and shoved him and told him to let's go. Bob told him to leave him alone and he would go, and Shorty struck at him with his club. Shorty Glass was a policeman at Ashford at the time. When he struck him with the club, it (the club) fell over behind Bobbie. Bob knocked Shorty Glass down and ran. He hit him with his fist. When Bob ran Shorty got up, grabbed his pistol, ran after him, and when he got about even with the fish...
To continue reading
Request your trial
-
Walls v. State, 8 Div. 940.
...declared by the foregoing Code Section did not prevail in the circumstances of this case so as to relieve the State from the burden [29 Ala.App. 468] of proving, circumstantially or otherwise, the defendant's guilty connection with the liquor for the illegal purposes charged in the affidavi......
-
Vaughn v. State, 7 Div. 952.
...it affirmatively appearing there was no necessity real or apparent which could justify the shooting. In our case of Glass v. State, 29 Ala.App. 468, 198 So. 70, 71, cert. denied 240 Ala. 123, 198 So. 72, this court said: "Where, on a trial under an indictment for murder the evidence sh......
-
Kizziah v. State, 6 Div. 155.
...fact, being without conflict, of itself would preclude the right of the defendant to the general affirmative charge.' In Glass v. State, 29 Ala.App. 468, 198 So. 70, 71, the court said: "Where, on a trial under an indictment for murder the evidence shows that the defendant shot the dec......
-
Emerson v. State, 6 Div. 571.
...convicted of violating the prohibition law, and he appeals. Reversed and remanded. Certiorari denied by Supreme Court in Emerson v. State, 198 So. 70. [29 Ala.App. 460] DeGraffenried & McDuffie, of Tuscaloosa, for appellant. Thos. S. Lawson, Atty. Gen., and Prime F. Osborn, Asst. Atty. ......
-
Walls v. State, 8 Div. 940.
...declared by the foregoing Code Section did not prevail in the circumstances of this case so as to relieve the State from the burden [29 Ala.App. 468] of proving, circumstantially or otherwise, the defendant's guilty connection with the liquor for the illegal purposes charged in the affidavi......
-
Vaughn v. State, 7 Div. 952.
...it affirmatively appearing there was no necessity real or apparent which could justify the shooting. In our case of Glass v. State, 29 Ala.App. 468, 198 So. 70, 71, cert. denied 240 Ala. 123, 198 So. 72, this court said: "Where, on a trial under an indictment for murder the evidence shows t......
-
Kizziah v. State, 6 Div. 155.
...fact, being without conflict, of itself would preclude the right of the defendant to the general affirmative charge.' In Glass v. State, 29 Ala.App. 468, 198 So. 70, 71, the court said: "Where, on a trial under an indictment for murder the evidence shows that the defendant shot the deceased......
-
Emerson v. State, 6 Div. 571.
...convicted of violating the prohibition law, and he appeals. Reversed and remanded. Certiorari denied by Supreme Court in Emerson v. State, 198 So. 70. [29 Ala.App. 460] DeGraffenried & McDuffie, of Tuscaloosa, for appellant. Thos. S. Lawson, Atty. Gen., and Prime F. Osborn, Asst. Atty. Gen.......