Spencer v. State

• Decision Date: 05 March 1887
• Citation: 3 S.E. 661,77 Ga. 155
• Parties: SPENCER and another v. STATE.
• Court: Georgia Supreme Court

3 S.E. 661

77 Ga. 155

SPENCER and another v. STATE.

Supreme Court of Georgia

March 5, 1887

Error from superior court, Dougherty county; BOWER, Judge.

Wright & Arnheim and J. W. Walters, for plaintiffs in error.

W. N Spence, Sol. Gen., (by D. H. Pope,) contra.

BLECKLEY. C.J.

Spencer and Peck, both negro men, were tried for assaulting McClung a white man, with intent to murder him by shooting. They were convicted of the minor offense of shooting at him, (Code, § 4370,) and the court refused to grant them a new trial.

1. A careful study of the evidence leaves no room to doubt that the conviction of Peck, under the indictment, could not have happened without grave error on the part of the court, or gross mistake by the jury. The superintendent of a plantation has no more right to terrify the laborers under him, and their families, than they have to terrify him and his family. And this is so, regardless of the color of the respective parties. All races, and all classes, are alike bound to keep the peace and observe the laws. Moody v. State, 54 Ga. 661.

2. The record shows that the superintendent, after profanely reprimanding two of his laborers, went armed to the house of one of them, the latter, with his wife and children, being within, and discharged his gun into or by the window, and then, upon seeing the two men walking with their guns towards the public road, (they most probably intending to go to the owner of the plantation and report what had taken place,) pursued them, and after they had reached the road and taken shelter behind a tree, shot at them, hitting one of them in the face, and they also shot at him in the same moment. This shooting on the part of the negroes was clearly justifiable. The superintendent was the aggressor. Suppose the position of the parties reversed, and who could have any doubt?

3. Immediately afterwards, the one who had been shot in the face called out to the other to shoot, and the other did not shoot, but rushed to the place where the superintendent was standing, and drew his gun to strike, and threatened to kill, but was prevented from striking by the bystanders. He did not, by this conduct, render himself responsible for shooting which was subsequently done by his wounded comrade when the superintendent changed his position, and was retiring. Peck did no hostile act after McClung turned to retire; neither did he go back to the tree, or have any communication with Spencer, before the latter fired. The interval was very short between the shooting, in which all three participated, and that done by Spencer alone. No doubt the latter was still smarting from the wound in his face. At the time of this single shot, McClung had just left his position, turned around, and was walking away from the negroes towards his own house. The effect of this discharge was to pepper him slightly in...