Turner v. State
Decision Date | 22 June 1920 |
Docket Number | 4 Div. 600 |
Citation | 85 So. 849,17 Ala.App. 514 |
Parties | TURNER v. STATE. |
Court | Alabama Court of Appeals |
Appeal from Circuit Court, Houston County; H.A. Pearce, Judge.
Fannie Turner was convicted of manslaughter, and she appeals. Affirmed.
Lee & Tompkins, of Dothan, for appellant.
J.Q Smith, Atty. Gen., for the State.
The appellant was indicted for the murder of Hattie Parker, and was convicted of manslaughter in the first degree; her punishment being fixed at two years in the penitentiary.
Charge 3, as written, was subject to criticism as having a tendency to mislead the jury. Aside from this, it was unquestionably misleading, in view of the particular circumstances incident to this case. It was agreed in open court that the state would not insist upon a conviction for a higher degree of homicide than murder in the second degree. The conviction was for manslaughter in the first degree. In the light of this the charge would have been confusing to the jury.
Charge 6 is not clearly expressed, as appears from the concluding words, "even unto the death of the defendant." Moreover, the charge is substantially covered by given written charge 2.
Nelse Parker testified that about dark, on the day of the homicide, he saw the defendant, who inquired whether Hattie Parker (deceased) was up on the hill. Witness was asked what the defendant had at that time. He answered that she was eating an orange with a pocketknife. The court properly admitted this evidence. It might tend to show preparation for the crime, and for this purpose, if no other, was admissible. Rollings v. State, 160 Ala. 85, 49 So. 329; Underhill, Crim.Ev. p. 375; Finch v. State, 81 Ala. 49, 1 So. 565.
The witness Emmet Brown reached deceased immediately after the difficulty, while she was still on the ground. Deceased went to Sallie Espy's house, but "stayed there no time; she just whirled and came away, and went to Jane Sander's house." In response to a question as to how deceased acted after she left witness, he was permitted to state: The defendant had gone to Jane Sander's house.
Assuming that the testimony was irrelevant and incompetent, its admission was without injury to the defendant. There was ample evidence before the jury, at the time, deceased was suffering from mortal wounds inflicted by a knife in the hands of defendant. Evidence that deceased was not normal, or that she was staggering, added nothing to the facts which were before the jury without objection.
The same witness Brown was present when deceased reached Jane Sander's house. He was asked: "What did she (deceased) say to Fannie, if anything?" He answered: "She said: 'You are so bloodthirsty, you ran up behind me and stabbed me; come out'--and that defendant replied: 'I am not coming out.' " This testimony was admitted over defendant's objection.
The silence of the accused, in the face of a pertinent accusation of crime, partakes of the nature of a confession. It is admissible as a circumstance tending to show guilt. Its admissibility is predicated on the...
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