Sweat v. State

• Decision Date: 02 October 1940
• Docket Number: No. 28537.,28537.
• Citation: 11 S.E.2d 40
• Parties: SWEAT. v. STATE.
• Court: Georgia Court of Appeals

11 S.E.2d 40

SWEAT.

v.STATE.

No. 28537.

Court of Appeals of Georgia,

Division No. 1.

Oct. 2, 1940.

Syllabus by the Court.

The evidence authorized the verdict finding the defendant guilty of voluntary manslaughter, and the judge did not err in overruling the motion for new trial based on the general and special grounds.

Error from Superior Court, Cook County; W. R. Smith, Judge.

Leonard Sweat was convicted of voluntary manslaughter, and he brings error. Affirmed.

H. B. Edwards, of Valdosta, for plaintiff in error.

H. W. Nelson, Sol. Gen., of Adel, for defendant in error.

MacINTYRE, Judge.

Leonard Sweat, the defendant, was jointly indicted with Garl Sweat and Mack Sweat (all of whom were brothers) for murder, and was convicted of voluntary manslaughter. His motion for new trial was overruled and he excepted.

The indictment charged the defendant with murder for that he did with malice aforethought kill and murder Byron Hubbard, a human being, "by choking and suffocating him with a necktie drawn tightly about the neck of the said Byron Hubbard, and by other means and instrumentalities to the grand jurors unknown, * * * and * * * for the said accused * * * did then and there unlawfully and with force and arms, feloniously and with malice aforethought kill and murder Byron Hubbard, a human being, by choking and suffocating him with a necktie drawn tightly about the neck of the said Byron Hubbard and by striking, beating and wounding him with pistols, bottles, and by hitting him with a metal penny machine which the said accused threw at and towards the said deceased, striking him on the head."

1. It appears that the three Sweat boys were brothers, and went to the place of business of the deceased, Byron Hubbard, commonly known as a "Jook Joint" or "Honkey Tonk." Mack Sweat and some other people started fussing, and Hubbard went out and told them if they did not stop he was going to close up his place. Mack cursed Hubbard and struck him with his fist, knocking him down the steps. Garl and Leonard Sweat joined in the fight which ensued, and Hubbard's death resulted therefrom. In addition to the evidence that Hubbard was, by the defendant and his brothers who were jointly indicted, beaten in the head with a slot machine about ten or twelve inches square and choked by his necktie which he had on, the undertaker testified that the pulling of the necktie around the deceased's neck could have caused his death. Charlie Baker testified: "I saw the piece of tie in Leonard's hand A. J. taken it out of Leonard's hand. The first time I saw the piece of tie Leonard had it and the last time I saw it A. J. had it." Moreover, the jury were authorized to find that the criminal acts of the three brothers resulted from concerted and associated action; that the criminal acts when linked together showed that they sprang from a common object and had in view the promotion of a common purpose, and that the acts of one were the acts of all those who engaged in the fight. This evidence amply supported the verdict which has the approval of the trial judge, and this court will not interfere.

2. Special ground 1...