Martin v. State

• Decision Date: 16 April 1903
• Parties: MARTIN v. STATE.
• Court: Alabama Supreme Court

34 So. 205

136 Ala. 32

MARTIN v. STATE.

Supreme Court of Alabama

April 16, 1903

Appeal from Circuit Court, Shelby County; John Pelham, Judge.

Pell Martin was convicted of murder in the second degree, and he appeals. Affirmed.

The appellant was jointly indicted with Charles Martin for the murder of John Pilgreen.

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 they believe the evidence they must find the defendant not guilty. (2) The court charges the jury that there is no evidence in this case that the defendant Pell Martin conspired with Charlie alias Charles Martin to kill John Pilgreen." "(7) The court charges the jury that under the evidence in this case they cannot find the defendant guilty by reason of any conspiracy entered into by him and Charles Martin." "(22) The court charges the jury that if the defendant did not shoot John Pilgreen, and did not do or aid in doing any act which caused the death of John Pilgreen, and did not instigate or consent to the killing of John Pilgreen, though the defendant was present at the time John Pilgreen was killed." "(16) The court charges the jury that there is no evidence that the killing of John Pilgreen was in pursuance of a conspiracy." "(18) The court charges the jury that there is no evidence in this case that the death of John Pilgreen was in any manner the result of or followed from a conspiracy between the defendant and Charles Martin." "(17) The court charges the jury that there is no evidence in this case of any conspiracy between Charles Martin and Pell Martin to take the life of John Pilgreen."

Wm. A Collier, for appellant.

Massey Wilson, Atty. Gen., for the State.

HARALSON J.

1. There was no error in overruling defendant's motion to be discharged, because he had been used as a witness by the state on the separate trial of his codefendant, Charles Martin. No promise is shown to have been made by the state to induce the defendant to testify in that case, but the evidence tends to show that he testified voluntarily. Furthermore, there was no exception to the ruling of the court denying the motion. Long v. State, 86 Ala. 36 5 So. 443; 1 Am. & Eng. Ency. Law (2d Ed.) 406.

2. It was shown without dispute, that John Pilgreen was shot and killed by Charles Martin at night, on the line of the Louisville & Nashville Railroad Company, a short distance above Calera; that no one was present except the two Martins and the deceased. The evidence tended to show, that the Martins were on their way to the house of Mag Holcomb, who lived a short distance beyond the point where the killing occurred; that the Martins had a spite against Cliff Pilgreen, a son of the deceased, and Charles Martin, while the two were together stated that he intended to kill Cliff Pilgreen,--the defendant saying nothing; that while on the way to the Holcomb house, they met the deceased, who had some talk with them, and that when deceased turned and started to walk away from them, Charles Martin shot him in the back and killed him. They both ran away and were afterwards caught in Talladega county and brought back to Shelby.

The defendant testified in his own behalf, that he did not have anything to do with the killing of John Pilgreen, that he had never had any words or difficulty with him and had never spoken of him to Charles Martin, nor had Charles Martin ever spoken to him about deceased; that he had never in any way entered into any agreement with Charles Martin concerning deceased; that he did not speak of him on the occasion of the killing, and had no knowledge whatever that Charles Martin intended to kill him, and the killing was unexpected to him.

It was further shown that defendant, next morning after the killing stated to one Smith, that when Charles Martin and he met deceased, they had some conversation with him, but did not state what the conversation was, and when deceased turned and started to walk away up the road from them, Charles Martin shot him in the back. Up the road from them, was towards the Holcomb house, where Cliff Pilgreen, the son of the deceased, was, to find whom they were going to said house.

It was shown by the deputy sheriff of Shelby, that defendant while in jail told him that he was present when Charles Martin shot the deceased; that deceased was advancing on him and Charles Martin with a pistol drawn on them, and Charles shot him.

3. As a general and well accepted rule, it may be said: "If several conspire to do an unlawful act, and death happens in the prosecution of the common object, they are all alike guilty of the homicide. Each is responsible for everything done, which follows incidentally in the execution of...