Snelling v. State

• Citation: 13 S.E. 154,87 Va. 50
• Parties: Snelling v. State.
• Decision Date: 24 April 1891
• Court: Supreme Court of Georgia

13 S.E. 154

87 Va. 50

Snelling

v.State.

Supreme Court of Georgia.

April 24, 1891.

Mukdeh—Evidence—Resisting Arrest.

Deceased and others had come to defendant's house to arrest him for a felony committed in that county, and for which he had been indicted three years before. When they ordered the door opened, the only response was from a little girl that nobody was in there. Deceased then entered, saw defendant, and told him to get up and consider himself under arrest. He did not, however, announce that he was an officer. Held that, as by Code Ga. § 4724, a private person may arrest one who has committed a felony, and is escaping or attempting to escape, and defendant knew deceased's purpose, his killing deceased, by resisting and shooting him, constituted murder.

Error from superior court, Randolph county; Lumpkin, Judge.

Jesse Walters and Harrison & Peeples, for plaintiff in error.

J. M. Griggs, Sol. Gen., for the State.

Clarke, Special Judge. At a special term of Randolph superior court held in July, 1890, Sam Snelling, the plaintiff in error, was convicted of the murder of Ed Skipper. He moved for a new trial, letting forth as the only grounds of such motion that the verdict was contrary to the evidence and contrary to the law. The motion was denied, and its denial is the error here assigned. The evidence introduced by the prosecution was substantially as follows: In 1884 a bench-warrant was issued from the superior court of Randolph county for the arrest of said Snelling for murder, he having been indicted in that court for such offense. On May 17, 1887, the sheriff placed this warrant in the hands of the deceased, for the purpose of execution. He is mentioned in the evidence as " a bailiff of the county, " "officer of the justice court here, " "arresting officer, " and jailer of the county. Shortly after 9 o'clock in the morning of that day Skipper left Cuthbert to make the arrest, being accompanied by Joe Standley and N A. Burge. Their interest in the matter was to secure a reward which had been offered for the apprehension of Snelling. These men were all armed, Skipper and Burge each having a double-barrel shotgun, and Standley a Winchester rifle. Skipper took one route for the house where Snelling was supposed to be, and Standley and Burge another. The three met at the house. This, was simply a single room, with a front and rear door, and a window in one end. The house was " pretty high " above the ground, and steps led up to the front door, which opened towards the inside. Skipper took position at the front door, Burge at the rear door, and Standley at a corner which commanded a view both of the front door and window. Skipper three times ordered that the door be opened. The only response was from a little girl, who said there was "nobody in there." He then caught hold of the door knob, turned it, and pushed, and the door flew open. After the door opened heentered thehouse and said to Snelling: "Get up, and con sider yourself under arrest." When these words were spoken, Snelling fired a pistol at Skipper, the ball of which entered his stomach. Standley then ran to the door, and sprang into the house. As he did so, the pistol was fired a second time, and Snelling and Skipper then had hold of each other. The latter's gun was on the floor, with the barrel pointing to the door. Skipper cried: "Help, he has killed me!" Standley made an ineffectual effort to use his gun, when Snelling fired at him, shooting him in the shoulder. This disabled Standley so that his gun fell to the floor. It fired as it fell. Snelling then shot at Standley a second time, inflicting another wound, and then again, the last time missing his aim. Standley was still unable to discharge his gun, though "be cocked it once or twice, and snapped it. " Snelling was still "snapping" his pistol at Stand-ley. He turned to the door, and let himself down. Here Burge came up, and some dozen words were exchanged between him and Standley. About this time Skipper fell backwards out of the door. At the same time Snelling leaped through the door, and fled. Skipper neither spoke nor moved after he fell. He expired in five minutes. Upon examination it appeared that his gun had not been fired. When the shooting occurred, the only...