Nelson v. State, 4 Div. 810
| Citation | 397 So.2d 198 |
| Decision Date | 20 January 1981 |
| Docket Number | 4 Div. 810 |
| Parties | Archie NELSON v. STATE. |
| Court | Alabama Court of Criminal Appeals |
J. Fletcher Jones, Andalusia, for appellant.
Charles A. Graddick, Atty. Gen., and J. Thomas Leverette, Asst. Atty. Gen., for appellee.
Appellant was indicted by the grand jury of Covington County for the first degree murder of Willie J. Salter. He was convicted by a jury of the offense of first degree manslaughter and sentenced to eighteen months.
The record reveals that at 11:00 P.M. on September 21, 1979, appellant and two companions, O. D. Adams and Jimmy Huckabee, stopped at the Drip Rock Tavern in Covington County to have a drink and play pool. A pick-up truck belonging to the deceased, Willie T. Salter, was parked near the entrance to the tavern. Salter had the carcass of a rattlesnake in his truck, and, at some point during the evening, he threw the snake at appellant's feet. Salter later put the snake on the car in which appellant was riding and refused to move it unless appellant paid him twenty dollars. Appellant and Salter argued about the snake and Salter went to his truck and picked up his shotgun. The evidence was in sharp conflict regarding what happened next.
Appellant testified that he was standing behind O. D. Adams and, as Salter began moving toward the two of them with his shotgun, Salter's daughter began screaming "no, Daddy, no." Salter then said, "I am killing that big bastard (appellant) behind him (O. D. Adams)." As appellant and O. D. Adams backed away from Salter, appellant fell on the ground and pulled out his gun. The testimony was in dispute regarding whether or not Salter fired at appellant before appellant shot and fatally wounded Salter.
I
Appellant maintains that the trial court erred in refusing the following requested charge:
The refusal of the...
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