Barnes v. State, 6 Div. 252

CourtAlabama Court of Criminal Appeals
Writing for the CourtHARRIS
Citation445 So.2d 995
PartiesWaymon P. BARNES v. STATE.
Docket Number6 Div. 252
Decision Date31 January 1984

Page 995

445 So.2d 995
Waymon P. BARNES
v.
STATE.
6 Div. 252.
Court of Criminal Appeals of Alabama.
Jan. 31, 1984.

Page 996

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.

HARRIS, Judge.

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....

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12 practice notes
  • Ready v. State, 1 Div. 162
    • United States
    • Alabama Court of Criminal Appeals
    • September 21, 1990
    ...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);......
  • Stone v. State, 8 Div. 358
    • United States
    • Alabama Court of Criminal Appeals
    • October 14, 1986
    ...must view the evidence in the light most favorable to the State. Gossett v. State, 451 So.2d 437 (Ala.Cr.App.1984); Barnes v. State, 445 So.2d 995 (Ala.Cr.App.1984). The test is not whether the evidence excludes every reasonable hypotheses except that of guilt, but whether a jury could reas......
  • Adkins v. State, 7 Div. 146
    • United States
    • Alabama Court of Criminal Appeals
    • August 24, 1990
    ...only to determine whether there has been an abuse of discretion. Updyke v. State, 501 So.2d 566 (Ala.Cr.App.1986); Barnes v. State, 445 So.2d 995 Last, we address the propriety of appellant's conviction and sentence of Page 1067 death, as required by Beck v. State, 396 So.2d 645 (Ala.1980),......
  • Parker v. State, 3 Div. 386
    • United States
    • Alabama Court of Criminal Appeals
    • June 30, 1987
    ...deserves. We will not substitute our decision for that of the jury. Gossett v. State, 451 So.2d 437 (Ala.Cr.App.1984); Barnes v. State, 445 So.2d 995 (Ala.Cr.App.1984); Atwell v. State, 432 So.2d 22 "Conflicting evidence should be reconciled by the jury, if possible, and if they cannot reco......
  • Request a trial to view additional results
12 cases
  • Ready v. State, 1 Div. 162
    • United States
    • Alabama Court of Criminal Appeals
    • September 21, 1990
    ...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);......
  • Stone v. State, 8 Div. 358
    • United States
    • Alabama Court of Criminal Appeals
    • October 14, 1986
    ...must view the evidence in the light most favorable to the State. Gossett v. State, 451 So.2d 437 (Ala.Cr.App.1984); Barnes v. State, 445 So.2d 995 (Ala.Cr.App.1984). The test is not whether the evidence excludes every reasonable hypotheses except that of guilt, but whether a jury could reas......
  • Adkins v. State, 7 Div. 146
    • United States
    • Alabama Court of Criminal Appeals
    • August 24, 1990
    ...only to determine whether there has been an abuse of discretion. Updyke v. State, 501 So.2d 566 (Ala.Cr.App.1986); Barnes v. State, 445 So.2d 995 Last, we address the propriety of appellant's conviction and sentence of Page 1067 death, as required by Beck v. State, 396 So.2d 645 (Ala.1980),......
  • Parker v. State, 3 Div. 386
    • United States
    • Alabama Court of Criminal Appeals
    • June 30, 1987
    ...deserves. We will not substitute our decision for that of the jury. Gossett v. State, 451 So.2d 437 (Ala.Cr.App.1984); Barnes v. State, 445 So.2d 995 (Ala.Cr.App.1984); Atwell v. State, 432 So.2d 22 "Conflicting evidence should be reconciled by the jury, if possible, and if they cannot reco......
  • Request a trial to view additional results

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