State v. Brooks
| Citation | 60 S.E. 518,79 S.C. 144 |
| Parties | STATE v. BROOKS. |
| Decision Date | 21 February 1908 |
| Court | United States State Supreme Court of South Carolina |
Appeal from General Sessions Circuit Court of Marlboro County; Geo W. Gage, Judge.
Oscar Brooks was convicted of murder, and he appeals. Reversed and remanded for a new trial.
Townsend & Hamer, for appellant.
J. M Johnson, Sol., for the State.
The defendant, Oscar Brooks, charged with the murder of Harrison Alford, in Marlboro county, March 4, 1906, was found guilty with recommendation to mercy, and received sentence of life imprisonment.
The difficulty had its origin in a controversy as to the custody of Etta Brooks. This girl, who was about nine years old, was the daughter of the defendant by his first wife, Molly Alford. Defendant moved to Georgia and his wife died there. About two years later, when Etta was about three years old she was taken charge of by Helen Alford, her grandmother, and reared as one of her family. The deceased was a son of Helen Alford, and lived with her. In January, 1904, defendant returned to Marlboro county, and later married a daughter of Helen Alford, a half sister of his first wife, and for some time lived in her home. While living at this place defendant expressed an intention to take Etta with him when he moved and testimony was admitted, over objection by defendant's counsel, to show that there was an altercation between defendant and Helen Alford about it, during which defendant struck Helen Alford, and that some days later the subject came up again, and defendant cursed the oldest daughter of Helen Alford, whereupon the deceased, who was present, jerked defendant down and got on top of him, and was pulled off by some member of the family. The defendant then threatened to kill Harrison . Exception 8 assigns error in the admission of this testimony as to difficulties occurring eight months before the homicide, and in thus impeaching the character of defendant by showing specific acts of violence when his character was not put in issue. The evidence was properly admitted under the well-settled rule admitting evidence of previous quarrels, ill feeling, or hostile acts between the parties to show the animus probably existing between them at the time of the homicide. State v. Adams, 68 S.C. 425, 47 S.E. 676; State v. Emerson, 78 S.C. 90, 58 S.E. 974.
On Sunday evening, March 4, 1906, Etta was accompanying the defendant to his home at the command of defendant according to Etta's statement, but at her own request according to defendant's version, and they stopped at the home of Willie Johnson, about 200 yards from the house of defendant to which he had moved after leaving Helen Alford's. The deceased and two others, after calling at the house of defendant and not finding him there, went to Johnson's house. Harrison, standing with knife in hand, addressed defendant, who was sitting down, asking why he had brought Etta off up there, to which defendant replied that he had not done so. The deceased declared that he had done so, and that he would carry Etta back home that night. The defendant, fearing trouble and as pretext for getting away, asked for a drink of water, and stepped out of the door and ran to his home, leaving his wife and Etta at Johnson's. The defendant was soon heard to call for his wife and Etta to come home, and was heard cutting wood. Johnson testified that deceased declared: Defendant declared to Evander McClellan and Henry Sports before deceased (who was approaching) arrived: "I want you to bear witness that, if Harrison Alford comes in my yard to-night, there will be bloodshed, for I am going to forbid him coming in." When they reached the entrance to the yard of defendant's dwelling, defendant ordered deceased and his two companions, Coot Turner and Henry McDowell, not to enter. Defendant was then standing at his woodpile near his dwelling, with axe in hand, with which he had been cutting wood. Deceased's two companions stopped, and advised him not to enter, but deceased went on in, declaring that he would go where he "damned pleased," further saying, "I will go in you yet, old man." The deceased went around by the pump, and, after pumping once or twice, he continued around towards the doorsteps, near which defendant was then standing. State Witness Evander McDowell testified: ' That the parties cursed each other, and about that time Brooks struck Alford with the axe. Defendant testified that he was going towards his door, intending to get in the house first, that deceased came on him, cutting at him with a knife when he struck with the axe to save his own life. No other witness testified to seeing any knife in deceased's hand at the time of the fatal blow. There was testimony that deceased put his knife in his pocket before entering the yard, and that his knife was found closed in his pocket after his death about two days later. There was also testimony that Evander McDowell and Henry Sports, state witnesses who testified that they saw no knife in deceased's hands, declared before the trial that deceased...
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