Weaver v. State
Decision Date | 29 July 1975 |
Docket Number | 8 Div. 385 |
Parties | Stewart WEAVER v. STATE. |
Court | Alabama Court of Criminal Appeals |
Ralph E. Slate, Decatur, for appellant.
William J. Baxley, Atty. Gen. and Kermit M. Downs, Asst. Atty. Gen., for the State.
Appellant-defendant, Stewart Weaver, was indicted jointly with one Charles E. Guntharp for murder in the first degree for that they killed James Floyd Davis by shooting him with a pistol. The trials were separate. The instant appellant was convicted by the jury of manslaughter in the first degree, an offense embraced in the indictment, with punishment fixed at ten years imprisonment.
It appears from the evidence that Guntharp suspected the victim of having a romantic affair with his (Guntharp's) wife.
Motivated thereby, Weaver arranged a meeting between Guntharp and Davis which took place at a shopping center in Morgan County. Both Guntharp and Weaver were present.
We observe from the evidence that Guntharp fired the fatal shot resulting in the death of Davis. The State asserted in the trial that Weaver was an accessory to the homicide and was a principal pursuant to Title 14, Section 14, Recompiled Code, 1958.
We will not delineate the evidence which appears in two volumes filed in this Court. The trial was vigorously prosecuted and defended. We will advert to the argument of the prosecutor and rulings of the Court.
We quote from the record as follows:
Or did he say from the witness stand that he was sorry that the Davis children had no father or words to that effect, and we object to it as outside the scope of the evidence.
This Court observed in Lowman, 38 Ala.App. 612, 91 So.2d 697, as follows:
We advert to Blue v. State, 246 Ala. 73, 19 So.2d 11, wherein the Supreme Court made pronouncements which we think are applicable to the instant appeal of the prosecution aforequoted. We quote excerpts therefrom as follows:
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...statements, one of which was that defense counsel knowingly misled the jury which was what he was paid to do. Weaver v. State, 56 Ala.App. 29, 318 So.2d 768, cert. denied, 294 Ala. 773, 318 So.2d 772 (1975). Also requiring a reversal was the prosecutor's remark that "counsel for the defenda......
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