Atlanta Daily World

Judge Acquits Slayer Suspect

The New Year's Eve slaying of Rufus Wyatt, 35, was ruled as "justified" Monday afternoon after a lengthy hearing in Municipal Court with the defendant, Ernest Smith, 37 a city employee, described as a man who fired the fatal shot while trying to protect his home and automobile.

Municipal Judge A. W. Callaway ordered Smith released saying, "He was a brave man to even go over to the dead man"

A series of witnesses, while varying slightly in their testimonies, agreed that Smith had fired on Wyatt after the slain man had fired shots at Smith's house and into his automobile

Wyatt was pronounced dead on arrival December 31, a mere 15 minutes before the dawn of 1953. The (Continued on Page 3 Column 2)
Judge Acquits
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slaying reportedly took place in front of 427 Hood St., S.W., Smith's home

Homicide Squad Detective H. E. Burdette said that evidence showed both men were brandishing pistols during the flareup. The slaying allegedly occurred while the two men were scuffling, after Wyatt refused to pay for the bullet damage he had done to Smith's auto

One witness declared that Wyatt had come up the street shooting, had reloaded and fired again

Police said the three live and three spent bullets in the pistol believed to be Wyatt's property. Two spent bullets were found in Smith's gun, police said

Wyatt's address was listed as 794 Chestnut Pl., N.W., on the other side of town, according to witnesses