{
  "id": 8724023,
  "name": "Long v. State",
  "name_abbreviation": "Long v. State",
  "decision_date": "1950-10-16",
  "docket_number": "4632",
  "first_page": "712",
  "last_page": "721",
  "citations": [
    {
      "type": "official",
      "cite": "217 Ark. 712"
    },
    {
      "type": "parallel",
      "cite": "233 S.W.2d 237"
    }
  ],
  "court": {
    "name_abbreviation": "Ark.",
    "id": 8808,
    "name": "Arkansas Supreme Court"
  },
  "jurisdiction": {
    "id": 34,
    "name_long": "Arkansas",
    "name": "Ark."
  },
  "cites_to": [],
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  "last_updated": "2023-07-14T21:48:24.265381+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "Long v. State."
    ],
    "opinions": [
      {
        "text": "Griffin Smith, Chief Justice.\nJess J. Long, while serving as a police officer at Batesville, shot and killed Tom Williamson. His plea of self-defense was rejected by a jury that found him guilty of voluntary manslaughter. A penitentiary term of three years was assessed and the defendant has appealed.\nThe motion for a new trial, in addition to formal assignments and a contention that there should have been an instructed verdict of not guilty, urges error by the Court in not declaring a mistrial when the Prosecuting Attorney asked Long on cross-examination if the county officers took him from Batesville to Newport \u201cfor protective reasons.\u201d Other matters are urged as error, but they were not brought forward in the motion for a new trial.\nA little after six o\u2019clock the evening of June 21st, 1949, Alvis P. Ball and his wife, Neva Cook Ball, drove five miles into the country to attend a barbecue given at Glenn Edgar\u2019s farm. They were accompanied by George (Budge) Evans and his wife, and by Tom Williamson and his wife, Grace. Brinks and food in abundance were served, including four kinds of meat. Williamson ate ravenously and became nauseated. There is testimony that intoxicants were generously consumed by the men, but friendly witnesses said that Williamson drank nothing but beer, and that in consequence of overeating illness occurred. When Williamson\u2019s condition became apparent the Ball party left for Batesville. They stopped on Main Street and left Mr.'and Mrs. Evans, then went to the Ball residence where Williamson\u2019s car had been parked, and where Alvis Ball temporarily left them. Mrs. Williamson did not drive, so Mrs. Ball took the wheel, with Williamson on her right. Mrs. Williamson was between them. The arrangement placed Tom Williamson next to the door, spoken of by the witnesses as the \u201coutside.\u201d Mrs. Ball testified that the car speed was 20 miles and that she crossed Main Street when the traffic light was green. Two blocks beyond the bridge at Chestnut Street they turned right. At that time Mrs. Ball observed the light from behind them. It proved to be a police car driven by Ernest Brookerson, who was accompanied by Long. Brookerson was Long\u2019s senior in point of time served on the police force.\nThe Brookerson-Long car sounded its siren and Mrs. Ball drew up to the curb. Long got out of the police car when it stopped in front of Mrs. Ball and her companions; whereupon, according to Mrs. Ball\u2019s testimony, Long came to the left side of the detained car. After using his flashlight, Long said, \u201cI believe we have the wrong car,\u201d and Mrs. Ball replied, \u201cI believe you [do have the wrong car]. \u2019 \u2019 Mr's. Ball then told Long who she was and identified other members of the party. She explained that they had been to the Edgar Farm barbecue, that they were on their way to Williamson\u2019s home\u2014 \u201cabout a block and a half around the next corner,\u201d \u2014 and that Williamson was sick. Williamson had not said anything. Long remarked, \u201cWait a minute and we will see.\u201d Just then Brookerson got out of the police car and went to the right side of the car Mrs. Ball had been driving; then, said Mrs. Ball (and before either of the officers had said anything more) Mrs. Williamson told them who she was, who the sick man was, mentioned Mrs. Ball\u2019s name, and told where they had been and where they were going. Tom Williamson, who had been reclining with his head against the car seat, or partially through the right front window, \u201craised up\u201d and said, \u201cYou know me: I am Tom Williamson.\u201d He told where they had been and said that he was going home.\nWhile the explanation Mrs. Ball testified that Williamson made was taking\u2019 place, Alvis Ball drove up and parked his car behind Williamson\u2019s, then got out and asked what the trouble was. The door of the Ball car at that instant was opened \u201cfrom the outside \u2014 presum- ' ably by one of the policemen\u201d \u2014 and Ball shut it. The act seemingly provoked Long, who struck a vicious blow with his blackjack. Ball was knocked down. The next thing this witness remembered was Mrs. Williamson\u2019s pleadings with Long: \u2014 \u201cDon\u2019t knock me down, I am pregnant.\u201d Brookerson and Williamson were \u201cscuffling\u201d not far from the car. Mrs. Ball \u2014 who was \u201ctrying to get Alvis up\u201d \u2014 heard two shots \u2014 \u201csaw them.\u201d Brookerson was standing behind Williamson: \u2014 \u201cthey were all in a huddle\u201d \u2014 when Long fired. He then aimed the pistol [in Williamson\u2019s face] and snapped it, but there was no shot.\nOn cross-examination Mrs. Ball testified that while she was attempting to aid her husband after Long had struck him with the blackjack, [Long in the meantime had gone to aid Brookerson] Williamson pleaded with Long, \u201cDon\u2019t shoot me with that old pistol, Jess.\u201d The three men were then in a chicken yard adjoining the sidewalk, and were about twelve feet from the Williamson car.\nMrs. Tom Williamson testified to substantially the same proceedings as those mentioned by Mrs. Ball as to how the car was stopped and what was initially said, adding that her husband \u201croused up,\u201d when one of the officers used his flashlight, and said, \u201c You know who I am! I am Tom Williamson and they are taking me home. I have been to a barbecue and got sick.\u201d Responding, one of the policemen commented that he \u201cdidn\u2019t know whether they were [going home] or not.\u201d Long turned and hit Ball with the blackjack, knocking him into a ditch near the paving. Williamson got out of the car and began scuffling with Brookerson, who weighed 260 pounds. The conflict carried them through a wire fence and into a chicken yard. Brookerson was wielding a flashlight. Mrs. Williamson says she attempted to hold Long, but that he broke loose.\nWhile Brookerson held Williamson from behind, Long got in front of him: \u2014 \u201cTom had asked Long not to shoot, and all the time I was screaming for somebody to help. I begged [Long] to let Tom alone \u2014 not to shoot, to let him alone.\u201d Brookerson and Williamson were \u201ccoming out of a crouch\u201d when Long fired the first shot. Williamson had just asked Long not to shoot him.\nMrs. Williamson, on cross-examination, admitted that her husband had taken \u2018 \u2018 a little beer. \u2019 \u2019 The witness \u201cbelieved\u201d that Brookerson struck the first lick when Tom got out of the car. The shots fired by Long were at intervals of \u201cjust a second or two\u201d and at the time Long fired he was standing within two or two and a half feet of Williamson. When Brookerson came over to where Williamson fell and Mrs. Williamson asked what should be done, he replied, \u201cI don\u2019t know, lady \u2014 he shot me too. \u2019 \u2019\nAlvis Ball testified that when he drove up to the two cars he left his own lights burning. After getting out of the car lie asked wliat tlie trouble was, \u201cbut they didn\u2019t give me any answer.\u201d He didn\u2019t know who hit him. A final statement, given in response to a question asked on cross-examination, was that Brookerson held Williamson \u201cand Jesse Long shot him in cold blood.\u201d\nAbbott Shoemaker, who lived \u201cright around the corner in the middle of the block, \u201d approximately two-thirds of a block from where the killing occurred, was in bed the night of June 21st when his attention was attracted by the noise of cars, but he couldn\u2019t tell how many: \u2014 \u201cA short time after that I heard screaming \u2014 some woman screaming. Then I heard a man pleading, \u2018Don\u2019t shoot me, don\u2019t shoot me.\u2019 I had gotten up and was standing in the front door after the woman screamed the first time. . . . Then I heard two shots that sounded like shooting in a rain barrel of water.\u201d On cross-examination Shoemaker repeated that while standing in the door he distinctly heard a man\u2019s voice \u201cbegging someone not to shoot.\u201d The man\u2019s exact words were, \u201cDon\u2019t shoot me with that gun, don\u2019t shoot me with that gun. Then two shots were fired right together, \u2018bang! bang!\u2019 like that. \u2019 \u2019\nOther witnesses testified tllat they lived in the immediate neighborhood, and heard pleadings. Sidney Wilson awoke when a woman screamed; then a woman cried, \u2018 \u2018Don\u2019t shoot-him, \u2019 \u2019 Then followed two shots. He heard somone say, \u201cDon\u2019t shoot him.any more \u2014 you\u2019ve already shot him.\u201d It was a woman\u2019s voice. Then someone in the group suggested that an ambulance and the coroner should be called. When Wilson reached the scene Mrs. Williamson had her husband\u2019s head in her lap, with Brookerson standing nearby. The distance from Wilson\u2019s bedroom to the chicken yard was half a block.\nMedical testimony was that the two bullets struck Williamson in the chest: one an inch and a half from the left nipple, the other four inches from the nipple, below the median line. Each passed entirely through the body. The exit of one bullet was nine inches below the shoulder-blade, while the other emerged about twelve inches from the tip of the left shoulder. The course of each was slightly downward. Other post-mortem examinations showed a slight injury below the right knee \u2014 an eighth of an inch wide and directly across the shin bone. Another abrasion was under the left kneecap. The skin was broken and blood had oozed from it. A \u201cpump knot\u201d protruded near the right eye, and near the right ear something like briar scratches were to be seen.\nThe accused claimed self-defense, coupled with the assertion that Williamson was resisting arrest and that no more force than necessary was used. Long, whose statements in the main were substantiated by Brookerson, testified that he and Brookerson were sitting in a police car the night of June 21, across the street from Chief Henry Varnell. Brookerson was in the driver\u2019s seat. The chief motioned to them to pull over to his side of the street, then pointed to an automobile that had just passed and said, \u201cThere\u2019s a drunk in that car yonder.\u201d The patrolling officers.had not seen the vehicle until then. Believing that the chief\u2019s comment was a direction to investigate, they trailed the car until near enough to sound the siren, then stopped at the point described by Mrs. Ball and others.\nLong says that when Brookerson stopped he (Long) walked to the driver\u2019s side and saw a woman \"whom he did not then know. A woman asked why the car was being stopped and Long replied that he was looking for a drunk. Then one of the women said there was no drunk person in the car. Long\u2019s reply was, \u201cIf you\u2019ve not got any drunk, maybe I got the wrong car. \u2019 \u2019 The officer testified that he then looked across the seat and saw a man lying in a suspicious attitude. One of the women told him the man was Tom Williamson: \u2014 \u201cShe said, \u2018you know Tom \u2014 let us take him home: you know what Tom will do.\u2019 \u201d\nLong insisted that he didn\u2019t say anything more, but walked around the car, preceded by Brookerson. Both of Williamson\u2019s arms were up and his head was resting on them. Long stopped near Brookerson, who, addressing the person they thought was drunk, said, \u201cWhere are you going, fellow?\u201d With that Williamson is alleged 'to have replied, \u201cYou g. d. fellows go ahead and let me alone\u201d; whereupon Brookerson informed Williamson he was under arrest. Brookerson grabbed the door, but as he did so Williamson \u201cshoved it open and came out onto him.\u201d Long said that in a quick glance he saw that \u201cBrookerson was on top of Tom.\u201d Then, according to the defendant\u2019s versiqn, Alvis Ball came up behind them and \u201cmade toward [Williamson and Brookerson] and when he did that I hit him with a blackjack and knocked him down.\u201d Mrs. Ball went over to where her husband was, and Mrs. Williamson grabbed Long \u201cand began yelling, \u2018Don\u2019t hit him any-more.\u2019 She also said, \u2018I am pregnant: don\u2019t knock me down, don\u2019t hurt me.\u2019 She was just holding my arms. \u2019 \u2019\nLong further testified that at this juncture he went across the sidewalk \u201cto help Brookerson with Tom.\u201d The two were on the ground fighting, but got up together. Then, said Long, \u201cTom turned right around to me, and [with an path] said, \u2018I\u2019ll get you, too, . . . beg.\u2019 I threw up my right arm to knock the lick off and Tom grabbed me by the tie and jerked me right up against his side. When he grabbed me and shoved me he cut off my wind, [so] I grabbed my gun and bit bim. I was putting out all tbe force I bad, but was gradually going back, and my wind was- getting short. I saw I was going to bave to do something, and do it quick, for I was nearly chocked out. I shot tbe first shot and Tom grabbed me tighter, [then] I pulled the trigger again and Tom let me loose.\u201d\nNear tbe close of his direct examination tbe defendant, talking to tbe jury, said: \u201cAfter I got my breath I raised up and was standing, gasping for breath. You gentlemen excuse me, it\u2019s not funny, \u2014 excuse me for laughing \u2014 that\u2019s just a nervous habit of mine.\u201d\nOn cross-examination Long was asked if Williamson was on his way home when Chief Yarnell identified the car, the purpose of the question being to determine-whether the arrest was made for public drunkenness. Long replied: \u201cHe was on the street when we were ordered to take after him.\u201d Q. \u201cOn his way home?\u201d A. \u201cI don\u2019t know whether he was on his way home or not.\u201d Q. \u201cThey told you so, didn\u2019t they?\u201d A. \u201cThey did afterwards.\u201d When asked what Mrs. Williamson meant when she said, \u201cDon\u2019t hit him again,\u201d Long replied: \u201cI don\u2019t suppose she wanted me beating [Alvis Ball] up.\u201d\nA day after the killing Long went to Newport for a physical examination. In testifying as to the reason, Long explained that he thought he ought to have \u201cthose scratches\u201d seen about. Dr. T. E. Williams testified that they were not scratches, but lacerations.\nBrookerson was admitted to a hospital June 24th and discharged on the 27th. He had lost a thumb nail, and had received other injuries and was suffering from muscular spasms, indicating a severe strain. Dr. Williams did not think that certain parallel wounds found on Brookerson had been inflicted by finger nails.\nIn telling of happenings immediately preceding the shooting by Long, Brookerson testified that Williamson\u2019s emphatic assertion was, \u201cI aha not going anywhere with you Gr, d, s. o. b.\u2019s,\u201d Brookerson repeatedly spoke of liis encounter with Williamson as a \u201cscuffle\u201d; or, \u201cwe were clutched together wrestling.\u201d\nCarl Thomason, a deputy sheriff, testified that he saw Brookerson in a Batesville hospital June 22nd. When asked whether Brookerson held up his left hand and said, \u201cThat is all I got,\u201d the witness replied (after an objection had been overruled): \u201cHe raised up in bed and smiled when I asked'how bad he was hurt, and said, \u2018 This is all that happened to me: I don\u2019t know whether I was cut or shot.\u2019 \u201d\nThe information charged murder in the first degree, involving malice, premeditation, and deliberation. When asked on cross-examination what offense Williamson had committed and why the so-called \u201carrest\u201d was being made, Long replied: \u201cFrom the language he used to us officers, I suppose; and probably for drunkenness \u2014 I don\u2019t know.\u201d Q. \u201cYou mean he had offended you?\u201d A. \u201cIf a man called you a G-. d. s. o. b. . . . wouldn\u2019t that make you mad?\u201d And again (question) : \u201cWith all you did, you were at no time trying to make an arrest?\u201d A. \u201cNo.\u201d Explaining further, Long said that he was only \u201ctrying to protect Brookerson \u2014 we always try to help each other.\u201d\nOther than the insistence that a verdict should have been directed for the defendant, the instructions are not complained of. We do not think prejudice resulted from the Prosecuting Attorney\u2019s comment that Long was taken from Batesville for safekeeping, and there was substantial testimony to show inexcusable homicide, hence the Court properly rendered judgment on the verdict of voluntary manslaughter,\nAffirmed.\nAn objection \u2014 not mentioned in the motion for a new trial \u2014 was to the Court\u2019s refusal to declare a mistrial when the Prosecuting Attorney, in cross-examining Long on a point as to which the witness indicated that his memory was vague, said, \u201cThat part (referring to one of Long\u2019s statements) was a lie to the Court?\u201d Judge Bone\u2019s admonition was: \u201cThat remark will be withdrawn from the jury as being improper. The jury is instructed not to consider it.\u201d\nTestimony relating- to the distance was given by Mrs. Williamson.\nOn cross-examination Mrs. Ball admitted that at the preliminary hearing she had testified that Williamson said, \u201cyou know me: I am Tom Williamson. We have been out there. I drank some and ate some and got sick.\u201d She also conceded that this was a correct quotation.\nMrs. Ball\u2019s exact statement was: \u201cWhen I heard Tom [Williamson] ask [Long-] not to shoot him, I looked up. At that time Tom was standing up and Jesse Long just pulled the gun and shot twice. Brookerson was standing right behind them.\u201d\nBall testified in part: \u201cWhen I asked what the trouble was they didn\u2019t give me any answer. I was between them and the car, and leaned down in the car and asked what was wrong. . . . About that time I looked into the car \u2014 leaned down \u2014 they started to open the door. I was standing against the car and pushed [the door] back. About that time somebody hit me from behind, and, more or less, I went down in the gutter. It was the hardest lick I ever had. When I came to they were in the chicken yard. Long got loose from Mrs. Williamson [who was trying to hold him] and got over into the fight. The best I could tell they scuffled up and down. From all appearances Tom was on the ground [with] Brookerson more or less on his back. I heard Brookerson say \u2018turn me loose\u2019 and Tom answered, \u2018let me up and I will turn you loose.\u2019 The next thing I heard was a shot. When I heard the shot [Tom] stood straighter. They [then] shifted positions and there was another shot. After the second shot they all changed positions. . . . [Long] then aimed the gun, but it failed to fire the third time. He aimed it the third time at [Tom\u2019s] face and it just snapped. Before that I heard Tom say, \u2018Don\u2019t shoot me with that damned old pistol,\u2019 and Grace [Williamson] had screamed (I don\u2019t know how many times) \u2018don\u2019t shoot\u2019. . . . [Williamson] was never loose from [Long] to the extent that he could gain his balance. . . . Tom was [nearly] up when the first shot was fired \u2014 half up and half down. After the second shot he straightened up altogether, because he was free of both of them. . . . [Long] then said, \u2018don\u2019t bother me,' and covered them with his pistol in one hand and a blackjack in the other. . . No statement was [ever] made to the effect that we [or any of us] were under arrest.\u201d",
        "type": "majority",
        "author": "Griffin Smith, Chief Justice."
      }
    ],
    "attorneys": [
      "Fred M. Pickens, Jr., Andrew G. Ponder and Harry L. Ponavr. Jr., for appellant.",
      "Ike Murry, Attorney General and Jeff Duty, Assistant Attorney General, for appellee."
    ],
    "corrections": "",
    "head_matter": "Long v. State.\n4632\n233 S. W. 2d 237\nOpinion delivered October 16, 1950.\nRehearing denied November 13, 1950.\nFred M. Pickens, Jr., Andrew G. Ponder and Harry L. Ponavr. Jr., for appellant.\nIke Murry, Attorney General and Jeff Duty, Assistant Attorney General, for appellee."
  },
  "file_name": "0712-01",
  "first_page_order": 736,
  "last_page_order": 745
}