Barnes v. State
| Citation | 445 So.2d 995 |
| Decision Date | 31 January 1984 |
| Docket Number | 6 Div. 252 |
| Parties | Waymon P. BARNES v. STATE. |
| Court | Alabama Court of Criminal Appeals |
Samuel L. Masdon of Manasco & Masdon, Haleyville, for appellant.
Charles A. Graddick, Atty. Gen., and J. Anthony McLain and James F. Hampton, Sp. Asst. Attys. Gen., for appellee.
On May 26, 1982, the Marion County Grand Jury indicted appellant, Waymon P. Barnes, for the murder of his common-law wife, Lillie Barnes. He was subsequently tried and convicted of manslaughter, and on May 20, 1983, he was sentenced to twenty years' imprisonment pursuant to the habitual felony offender statute.
Robert Mitchell, appellant's former step-son, testified that on March 26, 1982, he went to the Barnes residence to request appellant's help in repairing his car. Appellant had a motor repair business located behind his home, and when Mitchell arrived, appellant, Lillie and Dennis Ray were there drinking and talking. Mitchell joined them, and, when the beer ran out, he and Ray went out and bought more. The foursome moved into the house to play poker and continue drinking.
Between nine and ten o'clock that night Ray became too drunk to play any longer, so Mitchell drove him to his girl friend's house and left him there. Mitchell then returned to the Barnes residence, where he found the aftermath of a fight between appellant and his wife.
Lillie was propped up on a wall, and her appearance suggested a recent beating. Her face was swollen, with knots all over it, her lip was cut and her hair was in disarray. Mitchell observed that she had difficulty walking, and that she and appellant were arguing.
Mitchell used the bathroom at the Barnes residence and then he and appellant left to buy more beer. When the two men returned, about thirty minutes later, Lillie was lying unconscious on the floor. Appellant placed a pillow under her head and a blanket over her. Mitchell left.
James Jones, an emergency medical technician, arrived at the Barnes residence some time after three o'clock the following morning. He found Mrs. Barnes lying unconscious in the living room floor with several bumps and knots on her forehead, and a dilated pupil, indicative of trauma to the brain. He considered her to be in serious condition and elected to transport her to the closest hospital. Appellant was present and reported to Jones that he and his wife had been drinking and fighting.
Dr. John Nofzinger, a neurological surgeon, performed an operation on Mrs. Barnes to relieve pressure on her brain caused by hemorrhaging and a blood clot. He testified that she had sustained severe brain damage due to a blow or blows to the head and that he was unable to save her life.
Dr. Joseph Embry performed an autopsy on Mrs. Barnes. He reported injuries to her chest, abdomen, rib cage, head and arms. He stated that there were a minimum of eight separate and distinct areas of hemorrhage in her brain which, in his judgment, were caused by blunt force trauma. It was his opinion that Mrs. Barnes died as the result of a beating.
Appellant testified that he and Mrs. Barnes had a fight, and that she struck the first blow, hitting him with an iron skillet. He said that they were both drunk and that when he found her unconscious he assumed that she had passed out from drinking too much. It was not until he got up around three o'clock the following morning and was unable to rouse her that he became concerned enough to call for help.
The first issue raised by appellant on review is whether admission of ten photographs of the deceased into evidence was reversible error. The first three photographs depicted the victim's condition shortly after admission to the hospital for treatment of her injuries. The last seven photographs illustrated Dr. Embry's testimony concerning his postmortem findings. Appellant claims that these exhibits were both redundant and more prejudicial than probative.
The admissibility of photographs into evidence is within the purview of the trial court and will be reviewed only to determine whether there has been an abuse of discretion. Carpenter v. State, 400 So.2d 417 (Ala.Cr.App.) cert. denied, 400 So.2d 427 (Ala.1981); Hurst v. State, 397 So.2d 203 (Ala.Cr.App.), cert. denied, 397 So.2d 208 (Ala.1981). In addition, the court, in Lawrence v. State, 409 So.2d 987, 990 (Ala.Cr.App.1982)...
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...Further, the decision to allow photographic evidence is within the sound discretion of the trial court, Barnes v. State, 445 So.2d 995 (Ala.Cr.App.1984), and will be reviewed only to determine whether there has been an abuse of discretion. Holland v. State, 424 So.2d 1387 (Ala.Cr.App.1982);......
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