Gordon v. State
| Decision Date | 11 April 1901 |
| Citation | 129 Ala. 113,30 So. 30 |
| Parties | GORDON v. STATE. |
| Court | Alabama Supreme Court |
Appeal from circuit court, Wilcox county; John Moore, Judge.
Littleton Gordon was convicted of murder in the second degree, and appeals. Affirmed.
The evidence for the state tended to show that as the defendant and the deceased, David John Stephens, were walking from a country church at night, the defendant caught hold of the deceased, and, holding on to his coat, walked past several other people, who were also returning from church; that, when the defendant and the deceased were some distance in front of the persons whom they passed, the deceased was heard to say to the defendant, "Turn me loose, Littleton;" that he made this remark three times; that, immediately after making this remark the third time, a pistol was fired, and David John Stephens fell; and that, after he had fallen to the ground, the defendant shot him a second time, and that he died from the effects of the wound so inflicted. The evidence for the defendant tended to show that while the defendant was walking from church the deceased walked up to him, and that as the defendant spoke to the deceased, the latter replied that "they could now have a settlement of their matter"; that the defendant, without replying, turned to walk away from the deceased, and as he did so the deceased drew a pistol, and snapped it at the defendant, whereupon the defendant turned around, and fired upon the deceased; that as the deceased was falling he fired at the defendant. The defendant introduced in evidence the testimony of several witnesses showing that a short time before the killing the deceased and the defendant had a difficulty, and the defendant ran away from the deceased. This testimony was introduced without objection. There was other evidence introduced tending to show that there was great animosity existing between the defendant and the deceased. During the examination of some of the witnesses for the defendant, they testified that as they were going from the church, and were a hundred or more yards away from the defendant and the deceased, they heard a pistol shot, and that some one near them exclaimed, "David John has killed Littleton!" (meaning that David John Stephens had killed the defendant). Upon objection and motion upon the part of the state, the court excluded this testimony of each of the witnesses so testifying, and to each of these rulings the defendant separately excepted. In rebuttal the state introduced several witnesses, who testified that at the time of the former difficulty between the defendant and the deceased, which was testified to by the defendant's witnesses, the deceased David John Stephens, went to the defendant's house to notify him to work the public roads; that, upon Stephens so notifying the defendant, he rushed into his house, and came out with two pistols, and, leveling them upon Stephens ordered him away from his house. The defendant objected to the introduction of the evidence showing the particulars of the former difficulty as introduced by the state in rebuttal and duly excepted to the court's overruling his objection. Upon the introduction of all the evidence, the defendant requested the court to give to the jury the following written charges, and separately excepted to the court's refusal to give each of them as asked: (1) "The court charges the jury that if the...
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