67 So. 431 | Ala. | 1914
1. The theory of the state was that the defendant was guilty of murder, in that he lay in wait for the
The theory of the defendant Avas that he killed the deceased in self-defense. He testified to facts which tended to establish this theory, and there was some evidence tending to corroborate his statements.
A critical examination of this record, however, convinces us that the defendant received in the court below a fair and impartial trial, and we are of the opinion that the judgment of the trial court should be affirmed for the reasons set out below.
2. It appears that the deceased came to his death at a late hour in the night. It also' appears that prior to the homicide the defendant and the deceased, on this same night, had engaged in two altercations. These altercations probably greAV ont of the refusal of the defendant to cash a check for the deceased. The last altercation antedated the homicide about fifteen minutes. At the conclusion of the last altercation, the parties separated, and about 15' minutes afterwards the defendant shot the deceased while the deceased was walking along a street in Bessemer. The tendencies of the state’s evidence were that the defendant concealed himslf behind a column and shot the deceased while the deceased was peaceably walking down a street. One of the witnesses for the state described the homicide as follows:
“Mr. Moss, the defendant, shot Will Gray with a shotgun. Will Gray was walking on the streets as defendant shot him; he was doing nothing to the defend
The defendant claims that he killed the defendant while he was being attacked by the deceased and one Will Moose. On that subject he said:
“Will Gray kept following me up, and I told him not to come any further, if he did I would shoot him, until I got back against the building, and then I could not get any further, and he kept coming, and he made another step and raised his left hand to get my gun, and he had his knife in his other hand, and I threw my gun down on his leg and shot him. When I told him to get back, I had my gun on his body. When he reached for my gun with his left hand, I could see his knife open in his right hand. When I got to the corner of the alley, I saw him coming out of the alley, and he says: ‘You God damn old-! I will get you this time.’ And I' backed back about 20 feet, and Will Moose kept coming around at his side with his knife in his hand, and he came on around in front of me, and I saw I could not run because I have a crippled leg; I have a stiff ankle. I would run before I would shoot anybody, but I saw he was going to- get me anyhoAV, and threw the gun down on his body, and then
We find no reversible error in the record, and the judgment of the court below is affirmed.
Affirmed.