Little v. State

Decision Date15 December 1920
Docket Number(No. 2017.)
Citation105 S.E. 359,150 Ga. 728
PartiesLITTLE. v. STATE.
CourtGeorgia Supreme Court

(Syllabus by the Court.)

Error from Superior Court, Haralson County; F. A. Irwin, Judge.

Grover Little was convicted of murder, and he brings error. Reversed.

J. M. McBride and H. J. McBride, both of Tallapoosa, Taylor Smith, of Bremen, and Edwards & Edwards, of Buchanan, for plaintiff in error.

J. R. Hutcheson, Sol. Gen., of Douglasville, R. A. Denny, Atty. Gen., Graham Wright, Asst. Atty. Gen., and M. J. Head and Lloyd Thomas, both of Tallapoosa, and Griffith & Matthews, of Buchanan, for the State.

GEORGE, J. Joe Little, Grover Little, George Gable, Walter Amos, and Joe Stephenson, Jr., were jointly indicted for murder. The defendants elected to sever, and Grover Little was placed upon trial. The jury returned a verdict of guilty of the offense of murder, with a recommendation to mercy. The defendant's motion for new trial was overruled, and he excepted.

The deceased, Oscar Tolbert, was the marshal of Tallapoosa. The homicide occurred in the early part of the evening of May 23, 1919, at the storehouse of Joe Little, the father of the defendant. This storehouse was located in Tallapoosa. On the trial of the case the state offered certain evidence for the purpose of explaining the presence of the deceased at the storehouse at the time of the homicide, and to show a motive for the killing. A witness for the state, over timely and appropriate objection, was allowed to testify that Grover Little was "suspicioned" of handling whisky in Tallapoosa, and that at the time of the homicide "the talk was over Tallapoosa that the Littles were selling whisky." To another witness for the state the solicitor general propounded the following question: "What was the general reputation in Tallapoosa as to Mr. Little and Grover about being—violating the law in regard to the liquor business, or other things, if any?" The witness asked, "What do you mean by the general reputation, what people say about it?" The solicitor general replied, "Yes, sir." The witness was then permitted to answer, over appropriate objection by counsel for the defendant, as follows: "People, some of them, think they handle whisky." There was other evidence admitted upon the trial substantially to the same effect. It was, of course, competent for the state to show that the deceased had searched the home of Joe Little, with whom the defendant resided, for whisky; that the defendant had resented the conduct of the marshal and had threatened to take his life. Hayes v. State, 126 Ga. 95, 54 S. E. 809. It was also competent to show that the deceased went to the storehouse of Joe Little, on the night of the homicide, for the purpose of searching it for whisky, or for the purpose of apprehending the defendant, Grover Little. On the trial of a criminal case the state has the right to introduce all competent, relevant, and material evidence either to prove the main issue involved or to disprove the contention of the defendant, or for the purpose of discrediting the defense; and it affords no valid ground of objection that such evidence may tend incidentally to put the defendant's character in issue. Owensby v. State, 149 Ga. 14, 98 S. E. 552. Nevertheless, the fact that the defendant was suspected of selling whisky and that his general reputation in the community was that he handled whisky was neither relevant nor material. Such hearsayevidence tended directly to put the defendant's character in issue.

The witnesses for the state were permitted to testify that the deceased was a diligent and efficient officer. We are also of the opinion that this evidence should have been rejected.

Except as indicated above, none of the rulings of the court on the admissibility of evidence show reversible error.

2. Complaint is made of the following charge to the jury:

"Now I will charge you the law in reference to self-defense, and see whether or not the proof comes up to the requirement. If a person kills another in his defense, it must appear that the danger was so urgent and pressing at the time of the killing that, in order to save his own life, the killing of the other was absolutely necessary; and it must appear also that the person killed was the assailant, and or that the slayer had really in good faith endeavored to decline any further struggle before the...

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6 cases
  • Howell v. State, (No. 5152.)
    • United States
    • Georgia Supreme Court
    • March 10, 1926
    ...character in issue. Owensby v. State, 149 Ga. 19, 98 S. E. 552; Smith v. State, 148 Ga. 467 (2), 96 S. E. 1042; Little v. State, 150 Ga, 728, 729, 105 S. E. 359. 4. In ground 16 of the motion for new trial plaintiff in error complains because, during the progress of the trial, the trial jud......
  • Howell v. State
    • United States
    • Georgia Supreme Court
    • March 10, 1926
    ... ... prosecution of one for a violation of the criminal law, is ... admissible, even though it may tend incidentally to put the ... defendant's character in issue. Owensby v ... State, 149 Ga. 19, 98 S.E. 552; Smith v. State, ... 148 Ga. 467 (2), 96 S.E. 1042; Little v. State, 150 ... Ga. 728, 729, 105 S.E. 359 ...          4. In ... ground 16 of the motion for new trial plaintiff in error ... complains because, during the progress of the trial, the ... trial judge did intimate and express an opinion in the ... presence and hearing of the jury ... ...
  • Howard v. State
    • United States
    • Georgia Court of Appeals
    • May 17, 1957
    ...22 Ga.App. 628, 97 S.E. 115; Salter v. State, 39 Ga.App. 13, 145 S.E. 918.' Brown v. State, 45 Ga.App. 359, 164 S.E. 466; Little v. State, 150 Ga. 728, 105 S.E. 359.' See also Stubbs v. State, 29 Ga.App. 193(5), 114 S.E. 926. Under the facts of this case the following cases are not applicab......
  • Boatright v. State, (No. 5349.)
    • United States
    • Georgia Supreme Court
    • June 21, 1926
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