Willis v. State

• Decision Date: 27 January 1894
• Parties: WILLIS v. STATE.
• Court: Georgia Supreme Court

19 S.E. 43

93 Ga. 208

WILLIS v. STATE.

Supreme Court of Georgia

January 27, 1894

Syllabus by the Court.

1. There was no error in refusing or failing to charge the jury upon the law of involuntary manslaughter in the commission of a lawful act; there being nothing in the evidence of the prisoner's statement necessarily requiring such a charge and the judge having fully instructed the jury that, if the homicide was the result of accident, misfortune, or misadventure, the accused should not be convicted of any offense.

2. Where one who has killed another surrenders himself to an arresting officer, the fact that the latter told the prisoner that giving himself up was the best course he could pursue did not render inadmissible confessions then made to the officer; it appearing that they were free and voluntary, and that the officer neither said nor did anything, other than as above mentioned, before the confessions were made. Under these circumstances, the rights of the prisoner in this respect were fully guarded by submitting to the jury, under proper instructions, the question whether the confessions were free and voluntary, and leaving them to determine whether the confessions should or should not, be considered.

3. The lengthy extract from the charge of the court, of which complaint is made, contained many correct and applicable rules of law; and, if erroneous in any respect, the error was not distinctly pointed out and designated.

4. There was nothing in the newly-discovered evidence to require, or even authorize, the granting of a new trial. The evidence warranted the verdict, and there was no error in refusing to set it aside.

Error from superior court, Terrell county; C. L. Bartlett, Judge.

Homer Willis was convicted of manslaughter, and brings error. Affirmed.

Refusing to charge the jury on the law of involuntary manslaughter is not error, where there is nothing in the evidence requiring such a charge, and the court has instructed the jury that, if the homicide was the result of accident, misfortune, or misadventure, defendant should not be convicted.

The following is the official report:

Homer Willis was tried for the murder of George Outlaw, and was found guilty of voluntary manslaughter. A new trial was granted by the supreme court, (89 Ga. 188, 15 S.E. 32,) and it took place about two years after the first trial. Defendant was again found guilty of voluntary manslaughter and his motion for a new trial was overruled, to which he excepted. He was a boy lacking six days of being fourteen years old, according to the testimony of several witnesses according to that of his parents and others, he was not so old by a year. He and the deceased were cousins, and where nephews of Gill Willis, at whose house deceased lived defendant being there on a visit from Texas. In the afternoon of the day of the killing, defendant went into a room where two young women, Misses Lizzie and Ella Kenny, were sitting jumping suddenly into the door, and startling them. One of them jokingly proposed that they whip him, and thereupon ensued playful scuffling and chasing, which continued for some time, the parties going out upon the porch and into the yard. The playing and joking were kept up, and grew more and more rough, until it reached the point of quarreling. Finally, the defendant took hold of the arm of Miss Ella Kenny, and started down the road with her. She began to cry and he released her. They returned to the house, she remarking that he was "as mean as the dickens." One of the girls threatened to make George Outlaw hold defendant for them to whip. Both of them went to the fence surrounding the field where George Outlaw was plowing, but did not see him. They returned to the piazza, and defendant went into a room of the house, locking himself in. One of the girls testified that she heard a noise as of the clicking of a gun proceeding from the room. He soon came from the room with a gun in his hands, and the girls asked him to put it up, and he placed it in the rack in the hall, returned to the piazza, and took a seat. It seems that the rough joking and quarreling continued until George Outlaw returned from his work, and, as he came into the yard, he was told by one of the girls to come and see if he could not make defendant behave himself; he said he had a gun laid up for somebody. Defendant said: "If you hold me for them to whip me, I have got it laid up for you." To this George replied: "Don't you say nothing about taking a gun to me until I say I am going to hold you." One of the girls told defendant to hush; he was nothing but a gas bag,--to which he replied that, if she did not mind, he would explode and blow her up. The girls went into the house, and George Outlaw went to put up his mule. Defendant went into the kitchen, sat down, and commenced crying. He said to the servants that, if they wanted to get out safely, they had better get out now, because he was "going to turn up hell here to-night." He seemed to be mad. He made one of the servants give him a knife with which he proceeded to make a paddle, saying he made it to paddle Miss Lizzie with. One of the girls (Miss Ella) came into the kitchen, and he begged her pardon, saying he would not wound her feelings for anything, and asked her to go to Miss Lizzie, who was in the parlor, and beg her pardon for him, which message she delivered, Miss Lizzie making no reply. Miss Ella told defendant that she was angry for only a minute. Soon George Outlaw came into the kitchen, and ordered defendant to go out of there, saying: "Uncle Gill told you, a night or two ago, about going in here with these women while they were cooking, and I want you to go out of here." Defendant refused to go, and again refused on a repetition of the order. About that time, defendant "got up out of the door." Outlaw said, "You come on out of this kitchen," and defendant replied, "I am not going to do it until hell freezes over," They commenced drawing towards each other, defendant holding a butcher knife. Outlaw grabbed him by the shoulder, and said, "You take a knife to cut me with, and I will shake you all to pieces." They took hold of each other and commenced scuffling, going out upon the piazza, and continuing to shake each other. They were separated by the cook, who was told by each of them to make the other let him alone. Defendant went into...