Handley v. State

• Decision Date: 20 June 1892
• Parties: HANDLEY v. STATE.
• Court: Alabama Supreme Court

11 So. 322

96 Ala. 48

HANDLEY v. STATE.

Supreme Court of Alabama

June 20, 1892

Appeal from circuit court, Shelby county; LE ROY F. BOX, Judge.

James Handley was convicted of murder in the first degree, and appeals. Affirmed.

The state introduced evidence, which was uncontroverted by that of the defendant, that in the latter part of January, 1889 he shot Joseph Bowman with a pistol, from which wound he died in a few minutes thereafter. The state also introduced evidence tending to show that, when the defendant came to where the deceased was sitting or leaning on a stump, he leveled his pistol at the deceased, saying, at the same time "Surrender; throw up your hands;" to which the deceased replied, "I am not going to do it;" and getting off the stump, started to run, when the defendant fired and shot him. The defendant's evidence tended to show that, after making an affidavit for the arrest of the deceased for beating his wife, he went with the deputy sheriff to arrest him, and that, upon coming upon the deceased, the deceased started towards him, and, after advancing against the protest of the defendant, the deceased attempted to draw a knife, whereupon the defendant fired. Upon the introduction of all the evidence, the defendant requested the court to give, among others, the following written charges, and separately excepted to the court's refusal to give each as asked: (7) "If the defendant was requested to aid the officers in executing the warrant of arrest, and was attempting to do so, and the deceased fled or started to run or escape from arrest, and the defendant shot the deceased to prevent his escape, then the defendant would be guilty of murder or manslaughter, according to the peculiar circumstances of the case, but it is not murder unless the killing was done in pursuance of a formed design to take the life of deceased." (8) "If the defendant was requested or told by the deputy sheriff to aid or assist or help in arresting the deceased, and if he, in pursuance to such request, attempted to arrest the deceased who thereupon fled, and the defendant shot him to prevent his escape, then you may look to this fact, under the law, to reduce the offense to manslaughter, and, unless the defendant shot in pursuance of a formed design to take the life of deceased, he cannot be convicted of murder." (9) "There is no evidence before the jury tending to show that the defendant ever killed any other person, or five other persons, and the jury must not consider any statement to that effect, made by the solicitor in argument." (10) "There is no evidence in this case that the defendant ever shed any other man's blood, either negro or white and the jury must disregard all statements on that subject made by the solicitor in argument." (11) "There is no...