Snider v. State
Decision Date | 30 October 1973 |
Docket Number | 1 Div. 425 |
Parties | Houston SNIDER, Jr. v. STATE. |
Court | Alabama Court of Criminal Appeals |
W. J. Causey, Jr., Monroeville, for appellant.
William J. Baxley, Atty. Gen., and David Lee Weathers, Asst. Atty. Gen., for the State.
Houston Snider, Jr., was convicted of murder in the second degree and sentenced to thirty years in the penitentiary.
Appellant admitted the killing but relied on self-defense. The only question presented is whether the appellant should have been permitted to testify that he knew Bennie Lee Andrews, the deceased, carried a gun in his truck.
The killing occurred at the home of appellant and his common-law wife and her children. He had been living there with her for approximately eight years.
The testimony was in conflict but the appellant's version of the occurrence was that he returned home 'about night' to find the deceased present, along with his common-law wife, Dimple Pugh, Dimple's daughter, Marlene Pugh, and other members of the family. He testified that when he arrived he told the deceased to leave. It is inferable from the record that the deceased was visiting either the appellant's common-law wife or her daughter. The appellant testified as follows:
'Q. Where were you when you first spoke to Bennie Lee?
'A. We was out there in the yard.
'Q. Bennie Lee came out in the yard?
'A. Yes, sir, he come out there in the yard and I told him--I said, 'I thought I told you to leave,' and he told me he would whip my damn ass--
'Q. What did he say?
'A. He said he would whip my damn ass and I told him he was a damn lie--
'Q. Wait now--let me ask you the question and you answer it. Did you see Bennie Lee's truck parked down here in front of the house?
'A. Yes, sir.
'Q. You saw Bennie Lee's truck out there?
'A. Yes, sir.
'Q. Out in front of the house?
'A. Yes, sir, out in front of the house.
'Q. You were talking to Bennie Lee right here (indicating)?
'A. Yes, sir.
'Q. And what did he say to you?
'A. He told me he would whip my damn ass and I told him he was a damn lie--
'Q. Wait a minute. You went in the house?
'A. Yes, sir.
'Q. And then what did he do?
'A. He went to his truck.
'Q. Did you have any lights on in the house?
'A. No, sir, we didn't have none on.
'Q. Were there any lights on outside the house?
'A. No, sir.
'Q. Was it dark on the outside?
'A. Yes, sir, it was dark.
'Q. There has been some testimony about an argument with your wife. Did you have an argument with your wife?
'A. Yes, sir, she did.
'Q. Did your daughter--did Marlene get involved in this argument?
'A. Yes, sir, after me and her was arguing, I was kinda straddling her but I never did hit her.
'Q. You didn't hit your wife?
'A. No, sir, I was just holding her and she took some scissors and stabbed me.
'Q. Marlene stabbed you?
'A. Yes, sir.
'Q. What did you tell Bennie about this time? Where was he?
'A. He was standing at the door.
'Q. Bennie was standing at the door?
'A. Yes, sir.
'Q. All right. What did you do then?
'A. He went to the truck.
'Q. Did you say anything to him?
'A. Yes, sir, I told him to go home.
'Q. Had you ever seen Bennie before this time?
'A. That day?
'Q. Had you seen him before? Did you know Bennie Lee Andrews?
'Q. What did Bennie Lee Andrews do then after he went to his truck?
'A. I told him to get back. I was scared and I shot him.
'Q. And he came up?
'A. Yes, sir, he come up to the door steps and that is when I shot him.
'Q. What did you do?
'A. I told him to get back.
'Q. Were you scared of him?
'Q. Did you believe he had a weapon?
'Q. Did Bennie Lee Andrews make any response when you told him to leave?
'A. He didn't leave.
'Q. What did he do?
'A. He went to his truck. I wasn't shooting to kill him.
'
'A. Paperwood--I helped Jimmy Hinson and Buster Watson.
'A. Paperwood.
truck and his operation?
'Q. Houston, did you come back in the house after you shot and ran?
'Q. Houston, did you have some reason to be frightened of Bennie Lee?
'Q. Houston, did you know Bennie Lee Andrews carried a gun in his truck?
The theory of the defense was that the appellant shot the deceased under the honest apprehension that he was in imminent peril of life or limb. Under these circumstances, it was relevant whether appellant knew the deceased was in the habit of carrying a gun.
The rule is stated in Clinkscale v. State, 37 Ala.App. 593, 73 So.2d 244:
The judgment is reversed and the cause remanded for new trial.
Reversed and remanded.
All the Judges concur.
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