West v. State

• Decision Date: 10 March 1953
• Docket Number: 6 Div. 285
• Parties: WEST v. STATE.
• Court: Alabama Court of Appeals

Page 203

65 So.2d 203

37 Ala.App. 125

WEST v. STATE.

6 Div. 285.

Court of Appeals of Alabama.

March 10, 1953.

Rehearing Denied March 31, 1953.

Ray & Giles, Birmingham, for appellant.

Si Garrett, Atty. Gen., and Thos. F. Parker, Asst. Atty. Gen., for the State.

The following charge was refused to defendant:

'24. The Court charges the jury that a confession is not conclusive upon an accused. If the jury finds from the evidence that the alleged confession of the accused proceeded from mental weakness, desire to shield another, or other reason that an actual consciousness of guilt, then the jury would not be bound to accept such alleged confession as conclusive against the defendant.'

PRICE, Judge.

The indictment charged murder in the first degree. Defendant was convicted of murder in the second degree. His punishment was fixed at ten years imprisonment in the penitentiary.

Deceased, Roland Lee Bradburn, was shot and killed at Bill's Place, a beer tavern operated by Bill Pearson, on Highway 78 in Jefferson County.

Bradburn, his brother-in-law, William O. Coley, and his nephew, James Coley, had been at Bill's Place on Thanksgiving night of 1950, from 8:30 until about 1:30 when the killing occurred.

The State contends soon after deceased and his party arrived appellant sat down in the booth with them and remarked to William O. Coley: 'You look about the toughest one in here.' Some time later West made a Thanksgiving speech on a loud speaker. During the course of the evening defendant confided to a customer, Curtis Isbell, that he was a special agent for the F. B. I. and showed Isbell a pistol which he was carrying in his inside coat pocket.

There was evidence that a disagreement arose between deceased and Bill Pearson concerning a bill for seventy-five cents. During the argument Pearson implied that West was a collector or an officer and if the bill was not paid West would take deceased to jail. The State's witnesses did not remember any particular words spoken by West but stated that he was sitting there agreeing to it, and Pearson gave West a ticket with the debt on it. Every one had left except defendant, Pearson, and deceased's group. After the dispute was apparently peaceably settled, deceased and the Coleys walked outside. Bill Pearson was standing in the doorway and defendant was standing on the ground close to the door. After the Coleys had walked 15 or 20 steps they heard four or five shots from about the doorway, turned and saw deceased falling to the ground. A voice, which they testified was West's, told them to 'get on down the road and don't come back up here.'

Several officers testified that on the morning following the difficulty defendant said he didn't know who shot deceased. On Monday he told officer Boggan he wanted to tell the truth about the killing, that he shot deceased. He wanted to make a statement to that effect and wanted his lawyer present. He was taken to the finger print room and his attorney was called. Before the attorney arrived he stated in the presence of five officers and a stenographer that they could turn Pearson loose; 'I shot him myself.' Proper predicate was laid for the admission of each of said confessions.

The coroner testified as to the entrances and exits of the bullet wounds in deceased's body. One bullet entered the right chest and came out in the center of the back. One entered the left arm between the elbow and shoulder and came out on the right side of the abdomen. Another entered the left arm just above the wrist and went through the arm.

Pearson testified as the Coleys left deceased stepped over to the Rockola. Pearson asked him to leave, as it was closing time. Deceased acquiesced and as he was leaving defendant kicked him. Pearson claimed he smoothed over this difficulty and deceased left the building. Pearson went to the center of the room and turned off the front lights and turned to see West standing inside the front door. West said, 'I have got your pistol' and began firing out the door. Pearson cried 'Mr. West, Mr. West.' Defendant turned, dropped the pistol and hollored: 'Get on down the road and don't you come back in here.'

Pearson claimed he did not know any one had been hurt. He picked up the pistol, closed up and went home, leaving by a side door.

Pearson was arrested and while in jail had this conversation with West:

'A. When I went in and spoke to him he asked me how I was getting along; I told him all right. He says, 'How are you?' and I says, 'This is hell.' I says, 'Mr. West, I thought me and you had always been good friends.' He says, 'Bill, I think you are one of the best friends I have got,' and I says, 'Why don't you tell these people something up here then so they will let me alone?' and he says, 'I have done told them, Bill, to turn you loose and told them I killed him,' and he says, 'I am afraid to talk any more, I am afraid I will get the hot seat.''

Defendant introduced evidence by Dr. MacGruder that in January, 1948, he had a cerebral hemorrhage while on duty as a guard, which caused him to be paralyzed on the left side. He was treated at a hospital for 8 days and confined to the house for two weeks before going back to work.

Mrs. Ike Johnson testified she went to Bill's Place after the shooting. It was dark and there was no one there but defendant and the dead man. William Coley came up with Mr. Crane, the constable, and while the officer was talking to defendant she asked Coley how it happened. Coley said 'Bill Pearson shot him and run home.'

Ike Johnson testified he drove Crane, Coley and defendant to the sheriff's office. On the way to town Coley said Mr. Pearson did the shooting from the top steps, and Mr. West was out there by the car telling them: 'Get out of the way, boys, there is trouble here. Go on and get down the road.'

Testifying in his own behalf, defendant stated he was 59 years old. He left home around 5 o'clock Thanksgiving afternoon. He visited with a relative at Irondale until 10 o'clock and picked up a stranger on the road and took him to Bill's Place. At some time during the evening he made a Thanksgiving speech. He drove the stranger up the road and showed him how to get to Leeds and returned to Bill's for another beer before going home. When he reentered the place Pearson was behind the counter talking to deceased and the Coleys about the seventy-five cent debt. Mr. Pearson addressed defendant as an officer or collector and winked at him and said something about West collecting the debt. One of the men asked why he didn't collect it if he was a collector and defendant replied that would not be necessary, the man had said he would pay it.

He testified he had no ill will against anyone present; he had no gun with him; he did not get hold of a gun; and did not shoot anybody; he did not see any one go down the front steps and didn't know who went out first. Defendant's recollection is that he went out the side door. His hearing is not good but it seems that when he came out the door and turned he heard the backfire of a car. He saw deceased lying in front of his car. Defendant was very nervous and was going to leave but his keys were on the counter and the store was locked. Cars were passing and it looked like they were going to hit deceased. He pulled the body off the highway and waited for...