Woodruff v. State

• Decision Date: 14 July 1948
• Docket Number: No. 16202.,16202.
• Citation: 48 S.E.2d 885
• Parties: WOODRUFF. v. STATE.
• Court: Georgia Supreme Court

48 S.E.2d 885

WOODRUFF.
v.
STATE.

No. 16202.

Supreme Court of Georgia.

July 14, 1948.

[48 S.E.2d 886]

Error from Superior Court, Charlton County; Walter Thomas, Judge.

Wayne F. Woodruff was convicted of murder, and he brings error.

Judgment affirmed.

Wayne F. Woodruff was convicted of the murder of Myron D. Southerland, the verdict containing no recommendation of mercy. His motion for new trial as amended was overruled, and he excepted.

The body of the deceased was found in a cabin in a grove in Charlton County near St. George "about a week" after July 13, the date of the alleged crime, the exact time not being shown by the evidence. A pair of glasses found with the body was identified as belonging to the deceased, who lived in Jacksonville, Florida, and a dentist of that city identified the body as being that of the deceased by an examination of the latter's teeth, the dentist's record showing that about two years previously he had made a bridge for the deceased. This bridge was found in the room of the deceased and fitted his teeth. The defendant made no report of the death of the deceased, but was arrested in El Paso, Texas, on July 21, where he at first told an officer that he knew nothing of the killing, but later "admitted he killed this fellow and how it happened--he said it was an accident." He introduced no evidence on the trial, but made a statement, claiming that he accidentally shot the deceased while they were target-shooting at the cabin where the body of the latter was found.

The following is Considered a sufficient statement of other evidence adduced.

J. O. Sikes testified: "As sheriff of the county, on or about July 13 of this year, or some few days after that, I received a telephone message that a body had been found in an old abandoned house in a part of the county known as the 'Bend.' When I left to go down there I called the Sea-shole Funeral Home to send an ambulance down there. When the ambulance came the body was taken up and carried to Jacksonville. The body was in bad condition, having been there for about a week. There were signs that buzzards had been there. We found a pair of glasses, a glass case, fifty cents, a quarter, and two pennies. No pocketbook was found there. We empaneled a jury and held an inquest. * * * There was a further investigation of the case. We left there and went to Brithwell's across the State line and talked to a Miss Johnson, who identified the glasses and case as belonging to Mr. Myron

[48 S.E.2d 887]

Southerland. The glasses and case were left with Mr. Whittington of the Jacksonville homicide squad after we got through talking with her. Those are the glasses and case that she told us belonged to Myron Southerland."

Marjorie Johnson testified: "I live in Jacksonville, Florida, and had known Myron D. Southerland about two years. I knew him quite well and know that he wore glasses. The last time I saw him was on July 13 about two miles south of St. George, while I was visiting my sister. I was sitting at the dining room table. That's about twenty yards from the house to the road. I could see out, but he couldn't see in. I knew the car and I knew Southerland well, and he passed and I knew it was him. I was familiar with his guns and rifle, knew them pretty well. So far as I know, I don't know of but two rifles he had."

Dr. Earl G. Knocke testified: "I live in Jacksonville. * * * During the month of July, 1947, I identified the body of a man. It was the body of a man named Southerland. The police department called me. * * * They told me they had found a receipt of mine for $50, I believe, in his room. * * * Well, fortunately, I had a complete X-ray examination which was taken on the 5th of March of that year, and I had my own record, my appointment book and my card, which identified everything that I did for him, and I was able to point out from the X-ray the identical teeth that existed in this man's mouth, plus a bridge which fitted exactly into the man's mouth. The bridge could be dropped over the two teeth to which it was anchored in the lower jaw and dropped into position on the teeth, and that bridge he had left at home and they found it in his room. There are no teeth of any human being that are alike, and I could go from tooth to tooth over every bit of his mouth. I would stake my oath that they were the remains of Myron D. Southerland."

L. S. Eddins testified: "I investigated an alleged murder committed in July, 1947, near St. George, Georgia. I didn't know Myron Southerland or the defendant in this case. I went to the cabin where it is...