Thornton v. State

• Decision Date: 23 March 1950
• Docket Number: 6 Div. 989
• Citation: 253 Ala. 444,45 So.2d 298
• Parties: THORNTON v. STATE.
• Court: Alabama Supreme Court

Page 298

45 So.2d 298

253 Ala. 444

THORNTON v. STATE.

6 Div. 989.

Supreme Court of Alabama.

March 23, 1950.

Young & Young, of Vernon, and Curtis, Maddox & Johnson, of Jasper, for appellant.

A. A. Carmichael, Atty. Gen., and Jas. T. Hardin, Asst. Atty. Gen., for the State.

BROWN, Justice.

The defendant Pierce W. Thornton was indicted by the grand jury duly impaneled in the Circuit Court of Lamar County at the October Term, 1948 for murder in the first degree, the indictment charging in a single count, 'That Pierce W. Thorton, alias P. W. Thornton, unlawfully, and with malice aforethought, killed John D. Taylor, by shooting him with a pistol, against the peace and dignity of the State of Alabama.'

The defendant was arraigned on said indictment at the July Session of the Circuit Court of Lamar County on Wednesday, July 14, 1949, and being called on to plead, pleaded 'not guilty' and his case was set for trial on July 27, 1949. On the trial the defendant was convicted of murder in the first degree, the jury fixing his punishment at life in the penitentiary. From the judgment entered on the verdict he appeals.

While the case as presented to the jury rests upon circumstantial evidence, some of the circumstances developed in the evidence pointing to the defendant's guilt are without dispute. The deceased in life was engaged in the mercantile business at Belk in Lamar County. His wife was the Post Mistress and the Post Office was located in deceased's store. Part of the store had been converted into a small apartment wherein deceased and his wife lived with their child.

On September 4, 1948, the defenant came to the store of deceased and, as the testimony offered by the state goes to show, deceased stated that he was going to Fayette and asked if anybody wanted to ride with him. Defendant and one Dodson who were in the store got in the car and they went to Fayette together and afterwards returned to Belk. The defendant paid a small account at the store, returned to his home a short distance from Belk, but just how far the evidence does not show. About 8:30 that night deceased made a statement to his wife, to quote her testimony: 'He tole me he was going to Mr. Thornton's house. That he had loaned him $700 to buy some whiskey Mr. Thornton was to take from a relative, and after he let him have the money, within thirty minutes afterwards, he was sorry he did. He said he didn't want to get mixed up in it and said, 'I am going over there and stay around a while and if they don't bring it in, I am going to try to get my money back and not have any more to do with it. Don't let anybody know about it and be sure not to let my Daddy know about it. * * *.' He said 'Mr. Thornton promised to pay him the $700.00 and give him $300.00 if he would help him out and let him have the money.

The statement, according to the testimony of Mrs. Taylor, was made just a short time before he left and while preparing to start on the journey to Thornton's house. That is the last time she saw her husband alive.

The evidence further shows that the deceased left Belk at about 8:30 at night and is without dispute that he went to Thornton's house and arrived their shortly after that time and had a conversation with Thornton.

After the deceased failed to return to his home on Sunday, late in the afternoon, a search was begun by Mrs. Taylor and others and just before dark they found deceased's automobile standing in the road in front of the house on 'the Rowland place,' a vacant house located about a mile and a quarter or a mile and a half in a westerly direction from Thorton's home. Later on they located deceased's dead body under the well shed back of the house. There was a gunshot wound in the back of deceased's head made, as the evidence shows, with a 38 caliber pistol. The body was lying under the well shed leading from the back porch to the well with the head resting on the steps to the porch. There was a pool of blood on the back porch and some had run through the cracks in the floor to the ground. There was also blood on the face of the deceased and on his clothes and on the ground where he was lying. One of his knees was pulled up, the foot resting on the ground and right under this part of the body was a track made by a boot or shoe showing the imprint of a 'star sole'. There were two sets of tracks leading around the northern end of the house near the chimney, one a large track with 'star sole' and the other a smaller track with a smooth sole. The evidence also shows that one set of tracks led away from the house following a path going east in the direction of the defendant's home and at a certain embankment, there was a clear imprint of the boot or shoe with the star sole and further up on the path was blue mud, some mud, of like character and color being on the shoes worn by the defendant on Saturday, September 4th, Saturday night and the next day. These shoes were taken from defendant's house by the sheriff and his posse after the body was found with other articles.

The Rowland place was in Lamar County west or northwest of defendant's home.

While deceased and defendant were in Fayette on Saturday before the killing, the evidence shows that the deceased cashed a check at the Fayette Bank and received from the bank $420 in new $20 bills, which were subsequently found by the sheriff and his deputies in a steel chest on defendant's porch about ten thirty or eleven o'clock on Sunday night September 5th. The chest was a steel tool chest and was kept locked. The evidence further shows that the deceased borrowed from one Roberson while in Fayette $300 in $20 bills and there was a bill fold with $300 in it found in said chest on defendant's back porch. The bills constituting the $420 found in the chest were identified by an agent of the Federal Reserve Bank of Birmingham and the Bank of Fayette as the identical money that was paid to the defendant on said check cashed in Fayette on Saturday. These bill folds in said tool chest were covered up with carpenter's tools. Also found in the tool chest was a box of 38 caliber cartridges from which some of the cartridges had been taken loaded with lubaloy bullets with bronz tips and the evidence goes to show that the bullet taken from the head of the deceased was of the same type as the bullets in these cartridges. The presence of these cartridges in the tool chest was not accounted for. The defendant and his witnesses all testified that the defendant had not owned a gun or pistol in eighteen or nineteen years. The evidence further goes to show that when defendant was asked by the sheriff that night if he had had a money transaction with the deceased on Saturday, he stated that he had had no money transaction with the deceased. After the money was found in the tool chest, however, defendant first said there was $720 in the tool chest, but subsequently changed his statement and said there was $920 in said tool chest. In a later statement to the officers the defendant testified that the deceased owed him $500 and that he had paid that debt to him on Saturday on the court house steps in Fayette and so testified on the trial. He also testified that he returned to his home at about ten o'clock. Defendant further testified that at about eight-thirty or nine o'clock the deceased came to his house in his car, that he had two Negroes in the car with him and said they were drunk or drinking and he was afraid and asked defendant to go with him to take them home. That he did not see the Negroes but heard them talking and that he refused to go because he was having an attack of asthma.

When the officers came to defendant's house on Sunday night, they found the shoes...