153 Ga. 866 | Ga. | 1922
Sam Buchanan, alias Son Bailey', was tried upon an indictment charging him with the murder of Charlie Walker. The jury trying the case returned a verdict of guilty', without a recommendation; and the accused was sentenced to be hanged. He made a motion for a new trial, which was overruled, and he excepted.
\V. C. Bowan, another eye-witness to the killing, testified: “ T am a street-car conductor and motorman, and was on the 11th day of March, 1921. I remember the occasion when Charlie Walker was shot on upper Broad Street, in the City of Borne. That was about 11:20 at night. I was at Eighth Avenue, on -the west side of Broad Street, going up. I was about Eighth Avenue. It started right at the corner of the sidewalk about Eighth Avenue. . . I saw the difficulty. As I came down I noticed three negroes: a negro boy and a negro girl, and then Son Bailey, this defendant, coming down behind them. They were going towards town, ■coming down the street all-of them. Of course, I did not pay any attention to them as I got in there; and as I stepped out of the car to throw my switch to go in and turned my trolley, I heard somebody holler, and I looked around, and it was this negro girl, and Son Bailey had drawed his gun, and just about the time I looked around Walker was going on him, his hand like this [witness indicating], trying to catch the gun or hit him, going on him with his hands up something like this [indicating], and Bailey shot; and about that time Walker got the gun, and they kept scuffling over the gun down about even with' their breasts, and they kept scuffling until the third shot was fired, and both still had hold of it, but it was lower down.” And witness Slaughter McCain testified: “I saw this difficulty as I was going along home that night. I saw what happened right then and there. I was going home between 11 and 12 o’clock, and walking along smoking, and I got up beyond where Mr. Printup lives, the old Featlierston place on the corner of Eighth Avenue and Broad, and just before I got to the small mail-box I saw two men all hugged up with their arms around each other’s necks. I did not know they were fighting; couldn’t hear them say a word, and both had their heads down that way [indicating], clinched, and I still kept walking, and 1 was in about ten feet of them.”
The testimony of the witness Bell Cates, narrating the circum
Judgment reversed.