White v. State

• Decision Date: 26 June 1888
• Parties: WHITE v. STATE.
• Court: Alabama Supreme Court

4 So. 598

84 Ala. 421

WHITE v. STATE.

Supreme Court of Alabama

June 26, 1888

Appeal from circuit court, Etowah county; JOHN B. TALLY, Judge.

Indictment for murder. One of the counts in the indictment in this case charged "that *** Henry White unlawfully, and with malice aforethought, but without premeditation, killed William George by suddenly stopping a moving hand car on which the said William George was riding, by suddenly applying, and without warning putting on or applying, the brakes to said hand car; thereby throwing the said William George from and in front of said moving hand car, causing the same to run over the said William George, mashing his head," etc. The defendant, White, the deceased, William George, and nine or ten other railroad hands were returning on a hand car, after working hours, to Gadsden. When they approached the corporate line of Gadsden, and were at the top of the grade, the car was stopped, and one of the parties got off. Some one then said to the defendant that he had better get off, and defendant said, "No;" he would ride down opposite where he was boarding, and get off. One witness testified that defendant further said: "No; this car was made to put off men where they want to get off." The car moved off down grade, and was running at the rate of 10 or 15 miles per hour. Just before the car reached the point opposite defendant's boarding-house, the brakes were "rather put on," and some one said to defendant "Don't put on the brakes." The car did not then stop; and, when it arrived opposite his boarding-house, the defendant sprang from the car, and that instant the car stopped suddenly, the front wheels jumped the track, all the parties who were on the car were thrown from it, the car moved forward a little way, and William George was instantly killed. There was a brake on the car, which extended four or five inches above the platform of the car, and upon which the defendant probably stepped when he jumped from the car although none of the witnesses testified that they saw the defendant step on the brake. There was evidence that deceased, who was the "boss," cautioned the hands about putting on the brakes slowly, or some one would be hurt. The following charges were requested by defendant, and were refused by the court: "(6) That, before the defendant can be convicted, it is indispensable that the existence of the intent to commit the offense should be proved by the state beyond a reasonable doubt. (7) That the jury may look to the evidence (if there be such) tending to show that the defendant was 'green,' or knew but little about railroads, in ascertaining whether or not he knew what the result would be by stopping the car suddenly and if they believe from the evidence that the defendant did not know the result of stopping the car suddenly, although he may have stepped on the brakes in jumping from the car, then he would not be guilty." The defendant was convicted of manslaughter in the first degree, and sentenced to the penitentiary for two years.

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