Grant v. State
| Decision Date | 01 December 1892 |
| Citation | 11 So. 915,97 Ala. 35 |
| Parties | GRANT v. STATE. |
| Court | Alabama Supreme Court |
Appeal from criminal court, Jefferson county; SAMUEL E. GREEN Judge.
William Grant was convicted of the murder of A. W. Busby, and sentenced to the penitentiary for life, and from this judgment he appeals. Affirmed.
The appellant was indicted, tried, and convicted for the murder of one A. W. Busby by shooting him with a gun or pistol, and was sentenced to the penitentiary for life. The evidence was purely circumstantial. The state introduced evidence tending to show that said Busby lived near East Lake, in Jefferson county, about a mile from College station of the East Lake Dummy Line; that he was killed in his house in March, 1889 that he was found dead, lying near the fireplace, and was shot in the back of his head and side of the face; that he was shot from a window in the back of the room; that in the afternoon of the killing, between 2 and 4 o'clock, the defendant was seen with the deceased at East Lake, talking with him; that at College station, about a mile from East Lake, the deceased and the defendant walked up to the platform together, between 2 and 4 o'clock of the day he was killed, and the deceased went towards his home; that the defendant said to some parties standing on the platform that he was mad, and had been cheated out of a car load of lumber that he had sold this lumber, but that the man would not pay him, but that "it should do nobody any good." One of the deputy sheriffs of Jefferson county was introduced and testified that he went to the scene of the killing, about 12 o'clock on the night it took place, with the dogs trained to track persons; that the dogs followed the track of some one from the rear window of Busby's house-the window from which the shooting was done-to the East Birmingham Dummy Line station at Gate City, about a mile and a half from Busby's house; that the tracks went over a field near Busby's house, and seemed to have been made by a person who was walking very fast or running; that he measured the size of the tracks, and they corresponded to the size of the shoe the defendant had on the next day; that, on the night of the shooting, the defendant said to the woman at whose house he was staying that he had been to East Lake that night, and upon being asked what for, he said, "To see some parties, and I am going home in the morning at 7 o'clock if I have to come back at 11." He further said: "I am going to sell that car load of lumber; it sha'nt do him [cursing] any good." The defendant did not call any one's name in this conversation. It was further shown by the state that the sale of the car load of lumber by defendant and the deceased was broken up on account of the deceased disagreeing with one Moore, the would-be purchaser as to who should pay the freight,...
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