U. B. Eaton v. State Alaska

AREND, Justice. The appellant Eaton was tried for the murder of one Harril Barry, a Negro, and convicted of the included offense of manslaughter. The evidence produced by the state at the trial established the following facts: At about 9:30 o'clock on the evening of the alleged homicide, the appellant and Barry were present in a Fairbanks restaurant and poolroom known as the Fairbanks Recreation Center. There they became engaged in a fight in which Barry cut the appellant with a knife and threatened to kill him. After the fight, both men departed -- separately. Later that same evening Barry returned in his car, a Cadillac, and was in the process of parking it at the Recreation Center when a green car, body styled in the back like a torpedo, and resembling the car owned and operated by the appellant, pulled up beside the Cadillac. A witness who described the occupant of the green car said that he 'looked like a colored man, that was medium or light skinned.' 1 Just then a sound, like a gunshot, was heard and the green car pulled away, leaving the Cadillac with a broken window on the door next to the driver. The police arrived shortly and removed the body of a man from the Cadillac. There were particles of glass and a large amount of blood on the front seat of the car.