Glass v. State, 4 Div. 543.
Citation | 198 So. 70,29 Ala.App. 468 |
Decision Date | 25 June 1940 |
Docket Number | 4 Div. 543. |
Parties | GLASS v. STATE. |
Court | Alabama Court of Appeals |
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.
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.
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 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:
A large number of witnesses were examined upon the trial of this case, and nowhere in any of the testimony is there any dispute as to the fact that this appellant killed the deceased by shooting him in the back with a pistol while the latter was running from him. That the defendant shot at deceased six times while he was thus running away from him, and that the fatal wound was in the back of deceased, near the center.
Under the foregoing undisputed facts, the question of self-defense is not involved in this case. Angling v. State, 137 Ala. 17, 34 So. 846. In said case the court dec...
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