State v. Thornton, 218.

• Decision Date: 07 April 1937
• Docket Number: No. 218.,218.
• Citation: 190 S.E. 758,211 N.C. 413
• Parties: STATE . v. THORNTON.
• Court: North Carolina Supreme Court

190 S.E. 758

211 N.C. 413

STATE .

v.THORNTON.

No. 218.

Supreme Court of North Carolina.

April 7, 1937

.

Appeal from Superior Court, Johnston County; E. H. Cranmer, Judge.

Brantley Thornton was convicted of manslaughter, and he appeals.

New trial ordered.

The defendant was tried on an indictment in which he was charged with the murder of John Brascus Webb. C.S. § 4614 and C.S. § 4642.

When the action was called for trial, the Solicitor for the State announced to the court that he would not contend that on the evidence which he would offer for the State the defendant is guilty of murder in the first degree, but would contend that the defendant is guilty of murder in the second degree or of manslaughter, as the jury should find the facts to be from all the evidence. The defendant entered a plea of not guilty; he relied upon his plea of self-defence.

The evidence at the trial tended to show that about 10 o'clock on a Saturday night in August, 1936, at a filling station in Johnston county, which was owned and operated by Willie Parker, the defendant, Brantley Thornton, shot and killed the deceased, John Brascus Webb; that at the time he shot and killed the deceased, the defend ant was at the filling station, engaged in the performance of his duties as an employee of the owner and proprietor, Willie Parker; and that the deceased, after he had been repeatedly requested by both Willie Parker and the defendant to leave the filling station, because of his intoxicated condition, did so, but within a short time returned to the filling station, and remained there until he was shot and killed by the defendant.

The defendant, Brantley Thornton, as a witness in his own behalf, testified as follows:

"I knew John Brascus Webb. I knew his reputation as a dangerous and violent man. It was bad.

"I am 24 years of age, and am a married man. I have a wife and two children. During the year 1936, I was employed by Willie Parker to work at his filling station in Johnston County. I was at work at the filling station on the Saturday night in August, 1936, when John Brascus Webb was shot and killed. I had been to Benson. I got back to the filling station about 9 o'clock that night. As I drove up, I saw John Brascus Webb leaving in his automobile. I did not speak to him, nor did he speak to me. We had had no trouble that night, or at any previous time. After he had driven away from the filling station, in a short time he came back and said that his automobile had 'knocked off' on him. He wanted some one at the filling station to go with him to his automobile and help him crank it. There were eight or ten men standing about the filling station. Some of them went with him to his automobile and tried to start it. After they had been gone about ten or fifteen minutes John Brascus Webb came back to the filling station and asked me to go with him to his automobile. He had been drinking, was intoxicated, and was staggering around. I told him that I could not leave the filling station. He said: 'God damn you, you don't want to go.' He turned from me and called Willie Parker. Willie Parker told him that he could not help him with his automobile--that he did not have a bumper. He said to Willie Parker: 'You do not want to help me.' Willie then told him to go home--that he was in no condition to drive his automobile, if he could get it started. He kept hanging around, cursing and worrying everybody at the filling station. Willie Parker left the filling station, and went home. After Willie Parker left, Webb also left. He went toward his automobile, which was a short distance from, the filling' station, on the highway. After he had been gone about ten minutes, he came back to the filling station and asked me where Willie Parker was. I told him that Willie Parker had gone home. He then went off towards Willie Parker's home. He soon came back to the filling station. There was no one with me then except John Blackman, who had come to the filling station after Willie Parker left. He and I were standing under the shed, talking, when Webb came back from Willie Parker's home. He again asked me to go with him to his automobile and help him start it. I told him that I had nothing to pull the automobile with, and that I could not leave the filling station. While Webb and I were talking, Willie Parker came back to the filling station. Webb asked Parker again to help him with his automobile. Willie Parker told him that he was fixing to leave the filling station, and could not help him with his automobile. We had closed the store at the filling station for the night but had not locked the front door. Willie Parker soon left the filling station, and Webb again went to his automobile. At this time Luther Lee drove up in his automobile. Willie Parker got into Lee's automobile and called me. I went to Lee's automobile and stood there for a few moments talking with Parker and Lee. John Brascus Webb came back from his automobile, while we were talking. He was then cursing everybody and everything in sight. He was drunk.

"When I left Luther Lee's automobile, I went toward the store. I squatted down on the cement near the oil drum. Webb came up and sat down between John Black-man and Melvin Hudson, who were sitting on a bench at the filling station. He continued to curse. I said to him: 'You had better leave here and go where your automobile is. Willie Parker has told, you to leave three times. I want you to leave and stay away from here. We don't want you here. Leave and stay away.' As I said this to him, he reached his hand into his hip-pocket, and started toward me. I stepped back, reached down and picked up from the ground a light-wood knot, which we used about the filling station. When I rose up, Webb came toward me again. I struck him on the left shoulder with the light-wood knot. He then turned and went off across the road from the filling station. Melvin Hudson got up from the bench on which he had been sitting and started after Webb. I called to him: 'Come back here. We are not going to have any trouble here tonight' He came back and I went toward the store. When I got to the store, John Brascus Webb was coming back to the filling station. He was cursing and saying: 'Somebody is going to meet his doom tonight' I went into the store and got a gun which I put in my pocket. I did this for my protection. I knew John Brascus Webb's reputation. I was afraid of him, when he was drinking.

"When I came out of the store I went to my right and started to sit down. When I got half-way down, Webb got off the bench on which he was sitting, and struck at me with a knife. Laster Smith was sitting on the bench. When Webb brushed by him, he got up and ran to his left. I turned to my right and Webb was right after me. I ran around the corner into a jam made by an automobile which was standing there. I turned to Webb and said: 'Don't come any closer to me; if you do, I will shoot you.' He made another step and I shot. At that time he had his arm up and was coming toward me. The first bullet hit him in his left side, but did not stop him. He kept coming toward me. He threw up his left arm and I shot him a second time. He was then about three feet from me.

"When I ran around the corner, I did not...