Thompson v. State, 6 Div. 777
| Decision Date | 26 January 1954 |
| Docket Number | 6 Div. 777 |
| Citation | 70 So.2d 282,37 Ala.App. 446 |
| Parties | THOMPSON v. STATE. |
| Court | Alabama Court of Appeals |
Si Garrett, Atty. Gen., and Paul T. Gish, Jr., Asst. Atty. Gen., for the State.
Appellant was convicted of the offense of assault with intent to murder and was sentenced to imprisonment in the penitentiary for two years.
The evidence for the State tended to show that about 7:30 on a Saturday night in February, 1953, Ernest Bayne, the assaulted party, with his wife and children, went to Eulas Dooley's barber shop at Snead, Alabama, to get Dooley to go to the movies with them.
While there, appellant and Alfred Lett came to the shop. Lett requested a hair tonic but was told by the proprietor the shop was closed. A quarrel ensued and Lett went outside followed closely by the others. Bayne and his wife testified appellant had left the shop before the argument started. Dooley testified defendant was standing at the window and went out the door behind Lett, but before Bayne left.
Bayne testified the difficulty took place between the door and some gasoline pumps, which were fifteen feet from the door. Immediately after Bayne stepped out the door Lett hit him in the stomach with an eight inch concrete block; Bayne then struck Lett in the stomach with his fist and defendant immediately ran up behind Bayne and cut him in the back. Bayne was 27 years old and weighed 200 pounds.
Mrs. Bayne testified she saw her husband hit Lett one time, knocking him against the gas tank. When Lett hit Bayne with the concrete block Bayne bent over and defendant cut him across the back. Bayne had two drinks of homemade whiskey at 5 o'clock and she took one drink.
Dooley testified he told all the parties he was closing the shop and as they left he went out behind them. There was no argument on the outside.
After throwing the concrete block at Bayne Lett grabbed two Coca-Cola bottles from the window ledge and began hitting Bayne and continued to beat him on the head after he was cut, until this witness grabbed a bottle and ran between them and ordered Lett to desist.
These witnesses testified Bayne had no weapon of any kind and Mrs. Bayne denied she had made a statement after the difficulty that her husband had a knife.
Dr. Patton testified Bayne was admitted to his hospital with Bayne remained in the hospital for six days, and was in a serious condition.
For the defense, Alfred Lett testified he was ordered out of the barber shop after he had asked for a hair cut but he didn't remember everything that was said in the shop. One word brought on another and Mrs. Bayne called him some ugly names. Then defendant said 'let's go,' and they started out. Bayne slapped defendant back over some chairs and witness turned and saw Bayne coming toward him with a knife. As he kept coming Lett backed on down right against the gas pump. Bayne struck at Lett twice with the knife. Lett threw a brick at Bayne and picked up two bottles and Dooley ran between them. He didn't see defendant strike Bayne; Dooley was between them at the time. Lett was 19 years old and weighed 150 pounds.
He admitted on cross examination he and Thompson had had two or three drinks apiece. His car was just off to the right of the pump. Bayne was just walking and never did run after him, and witness stated he had the whole wide-open space to get away from him. He wasn't telling the jury he couldn't go any further when he backed up to the pump; he could turn to his left and he could turn to his right and keep going. Bayne hit him one time, knocking him to his knees, but the blow must have been with his left hand, because he had the knife in his right hand. He didn't see Thompson cut Bayne because Dooley was Between them.
Defendant testified he was twenty years old and weighed 140 pounds. He said he had had two or three drinks of home-brew, but no liquor. He rode to the barber shop with Lett but stopped outside to fill the radiator and when he went in Mrs. Bayne was calling Lett ugly names. Lett said if she were a man he would slap her and her husband took out his knife and opened it and slipped it back in his pocket and said, here is 'a damn man.' Defendant begged Bayne to put his knife up and told Lett to 'come on and let's go.'
They started out and Bayne slapped defendant back over a chair, then Bayne went out on Lett with his knife. The car was 10 or 12 feet from the gas pumps. When defendan...
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...that they might have had a legal right to come to the aid of the arrestee lawfully resisting, or entitled to resist, Thompson v. State, 37 Ala.App. 446, 70 So.2d 282 (1954); State v. Parker, 378 S.W.2d 274 (Mo.1964); Purdy v. United States, 210 A.2d 1 (D.C.C.A.1965), 1965), see also; 6 Am.J......
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