Watson v. State

• Decision Date: 05 April 1927
• Docket Number: 5 Div. 629
• Citation: 112 So. 181,22 Ala.App. 57
• Parties: WATSON v. STATE.
• Court: Alabama Court of Appeals

112 So. 181

22 Ala.App. 57

WATSON v. STATE.

5 Div. 629

Court of Appeals of Alabama

April 5, 1927

Appeal from Circuit Court, Chambers County; S.L. Brewer, Judge.

Restral Watson was convicted of manslaughter in the first degree, and he appeals. Reversed and remanded.

Jas. A Hines, of Lafayette, for appellant.

Charlie C. McCall, Atty. Gen., for the State.

BRICKEN P.J.

This appellant and his brother, Horance Watson, were jointly indicted for the offense of murder in the first degree. The indictment charged that they unlawfully and with malice aforethought killed Jack Shockley by shooting him with a gun or pistol, etc.

A severance was granted upon motion of this appellant, and he alone was placed upon trial which resulted in his conviction of manslaughter in the first degree, and the jury fixed his punishment at 2 1/2 years' imprisonment in the penitentiary. From the judgment of conviction pronounced and entered, in accordance with the verdict of the jury, this appeal was taken.

That Jack Shockley, the person named in the indictment, was shot with a pistol upon the occasion in question, and died as a result of such shooting, and that this appellant fired the shots is without dispute. There was no question as to venue. The evidence shows, without dispute, that this appellant was also seriously wounded by having been shot by Shockley.

The respective contentions were in sharp conflict.

The following statement of facts in appellant's brief is substantially borne out by the record:

"The evidence in this case tended to show that this defendant, together with his brother, Horance Watson, and a young lady by the name of Jenny Abney, were seated in a Ford car about 150 or 200 yards from the Opelika-Fairfax highway, about 11 o'clock at night; that Horance Watson and Jenny Abney were seated on the front seat the girl being at the steering wheel, and the defendant was in the rear seat, with his feet propped up on the top, with his head on the left side of the seat, and his feet on the right side of the top; that the curtains to the car were all fastened up, and the car closed all around. The evidence further shows that this car was standing 12 or 14 miles south of the town of Lanett, almost on the Chambers and Lee county line. The evidence to this point seems to be without conflict.

"The evidence for the defendant tended to show that while they were in this position in the car, some one came along and suddenly jerked loose the curtain on the right-hand side of the car, threw a flash light upon the occupants, and a shot was fired from the outside, and the first thing that was heard after the first shot, Restral Watson cried out 'Oh, he shot me,' and immediately jumped out of the car, falling or sitting on the ground, then quite a number of shots were fired by both sides; that after the firing had ceased, Jack Shockley was shot four times, and the defendant was seriously shot in the knee, breaking the bone above the knee, the shot entering from the inside of the leg.

"The evidence for the state tended to show that the deceased and one Fred Lyons approached the car of the defendant, in a peaceable manner, one of the men saying 'Hello, Watson,' and the defendant said, 'Who is that?' and he, Lyons, said, 'It is Lyons.' Lyons then said, 'What are you doing?' and the defendant stated, 'I am doing nothing.' The state witness then let the curtain down at the bottom and was undoing the next latch, and somebody at this time, within the car, fired a pistol, and that the deceased staggered

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