Beard v. State

Decision Date05 October 1976
Docket Number7 Div. 416
Citation337 So.2d 1372
PartiesJimmy P. BEARD v. STATE.
CourtAlabama Court of Criminal Appeals

No appearance for appellee.

William J. Baxley, Atty. Gen. and Rosa G. Hamlett, Asst. Atty. Gen., for the State, appellee.

HARRY E. PICKENS, Circuit Judge.

The appellant was indicted for first degree murder of Judy Deline Salter, by shooting her with a rifle or carbine. Trial was held August 25--27, 1975, and the trial jury found the appellant guilty of murder in the second degree and fixed punishment at thirty-five years and one day.

The appellant and the victim had at one time dated each other but that relationship had come to an end some few months prior to the killing. The appellant was a married man and returned to his wife and victim was dating one Standard Woods at the time of this occurrence.

Greg Franklin testified that he had picked up Judy Salter (victim), and Linda Gail Clopton, his girl friend, at their respective homes and proceeded to the American Legion Club in Goodwater, Alabama. Upon leaving the club, some three hours later they saw appellant standing at the door talking to some men. In passing, victim accidentally bumped into appellant. The appellant then grabbed victim by her neck and started beating her with his fist. Greg Franklin attempted to stop appellant from beating victim and the appellant knocked him to the ground and continued to beat the victim. Franklin again attempted to stop him and the appellant pulled a knife and keys out of his pocket. Franklin went to his automobile, got a pistol and came back and shot appellant in the leg. Appellant chased Franklin and the girls in his auto. Appellant then went to the hospital and Franklin, his girl friend and the victim went to someone's home and called the police.

When the police arrived they arrested Franklin and took him and the two women to the Goodwater Police Department. Victim, while at Goodwater jail called Standard Woods, her boy friend, to come get her. Standard picked up the two girls and took a route directly to victim's home. While enroute to victim's home they passed appellant's car parked on the side of the road; appellant was talking to some people in another car. Appellant followed Standard Woods' car at a fast rate of speed and shot at the car. Woods turned around and headed for the police station. Appellant's car followed Standard Woods' car to the Sylacauga police station. Standard Woods' car stopped at the police station and appellant's car stopped right behind it. There were policemen standing in front of the police station and Standard Woods told them that a man was shooting at his car and following him. Appellant got out of his car and came to the passenger side of Standard Wood's car and said, 'Give me Judy out of there.' The appellant then started shooting. Victim slumped over in the car and she did not speak after that.

Standard Woods testified that someone was driving appellant's car with the appellant in the car on the passenger side with a rifle. They drove up beside him. Appellant's car passed and a shot was fired from appellant's car. After the appellant's car passed Standard Wood's car, Woods turned around and drove to the Sylacauga police station and appellant followed him and stopped right behind him. Woods later found two bullet holes in his car, one in the front roof and one in the windshield. Woods further testified that appellant came to the passenger side of the car and, 'the police told him to stop but he fired through the window and killed Judy and the cops fired at him.'

Me. Neal Denny, a Sylacauga police officer, testified that he and Officer Jack Matson went to the hospital between 1:00 A.M. and 2:00 A.M. before the killing, due to a routine call by the hospital that someone was there who ahd been shot. The appellant asked the officers what they were doing up there and said: 'You can go right back to town. I'll handle this myself.' He said he did not have time to lay there and let them take the bullet out, that he had to get something done about this situation. Denny testified; 'Appellant appeared to be coherent and to realize his acts.'

Later, Officer Denny got a call about 4:45 A.M. from an officer needing help at the City Hall. When he got there, a lot of people were lying on the ground. Mr. Beard (appellant), Mr. Thompson, Mr. Woods, Miss Embry and Miss Clopton were lying on the ground. He saw the victim in the car and his best judgment was that she was dead.

Officer Ivey testified he went to the hospital and saw the appellant prior to the killing and he appeared to be mad and said; "Who called you all? I don't need you. I'll take care of this myself." Ivey saw him later about 20 or 25 minutes to 5 o'clock and stated that; 'We were gassing our car at the police station. A car pulled up and three people in the car hollering, 'They was shooting at us. " A car pulled up behind them and appellant got out with a rifle. Ivey yelled for him to stop and the appellant said; 'Stay out of it man, you know what I came after.' Ivey testified that the appellant moved to the front of the car and there were two shots by appellant and 'we opened fire on him.' Appellant was on the passenger side, 'when he fired the shots, I was looking at him.'

James Butram of the State Department of Toxicology, examined the victim. External examination revealed a number of wounds. One of the wounds was a 7/8 inch penetrating wound on the left back of the body which was later traced by dissection through the body to the right breast where the tract ended. He found a number of smaller wounds; some contained glass and some contained soft, gray metal.

At the end of the tract of the major wound, and in the right breast, he recovered a brass colored fragment of material which resembled an inverted bullet jacket which he turned over to Garry Wallace, a criminalist who works in the same lab with John Case; both of whom are with the Department of Toxicology. The main penetrating wound was in the left back and extended to the right breast. The damage tract showed that the projectile nearly severed the arch of the aorta which caused a massive hemorrhage in the chest cavity. It was his opinion that death was due to hemorrhage and shock as a result of the gunshot wound to the upper left back.

John Case, State Department of Toxicology, test fired State's exhibit number 1, which is a 30--30 caliber carbine and stated that he determined that this carbine fired the missible which was recovered from the victim's body.

Sam Talton, police officer, testified that he and Officer Ivey saw appellant in the hospital prior to the killing and he had been shot in the leg and that he appeared rational and told them to the effect that he did not want them and he would handle it himself. That he and Ivey were at the police station later in the morning, and observed the shooting of the victim by the defendant.

Lester Proctor, a Sylacauga police officer, testified that he saw appellant at the hospital about 2:30 A.M. Appellant told him that he would not get a warrant but would handle the matter himself. Later in the morning he went to the police station and was gassing up his car and saw appellant run up to the car where victim was seated; that he had a rifle. He said he heard two shots and then saw appellant crouch behind the car in which the victim was riding.

Jimmy Curtis, the Coroner of Talladega County, testified he viewed the victim's body at 4:50 A.M., while the body was still in an automobile and victim was dead at the time.

Mrs. Nettie Salter, mother of the victim, testified that victim and appellant dated each other for about three years and broke up. That appellant and victim broke up the year before the shooting. State rested its case.

Appellant testified that he had seen victim on and off for two years. He said that he knew Greg Franklin and Standard Woods. On February 23, 1975, he was with Ray Anthony Thompson and Brenda Embry. He had the carbine with him. He was at the American Legion about 12:00 P.M. He was talking to two guys at the door and said: 'I saw Judy (victim), Linda and Greg.' He said that one of them bumped him and he told Judy to come there, he wanted to talk to her. He stated that: We went outside to talk and Greg hollered to Judy to come on. Greg came up, grabbed Judy by her arm and said, 'come on'. He started pulling her and he then shot me.'

The appellant went to the Sylacauga hospital about 1:00 A.M. He stayed there about three hours but the bullet was not removed. He remembered seeing Officer Hay and Hay asking; 'What you gonna do about it?' The appellant said; 'I'll take care of it.'

Appellant left the hospital at 4:30 A.M. with Ray Thompson and Brenda Embry. Ray Thompson drove and he had Ray stop the car on the road and talked to Richard and Barbara Reggens. He said this white El Dorado came by and someone in the car shot at him. He got in his car, got his rifle. He said; 'We were about six or seven blocks from the police station,' and he told Ray to catch the car. The car parked in front of the fire station and he saw two policemen. He said they parked behind the other automobile and he got out of the car with his rifle; went up to the other car and asked Judy (the victim) to get out. He stated that he came down with the rifle, pulled the trigger and fired one shot, and, 'the officers fired and I was hit.'

During State's case, defense counsel asked the court to order the State to deliver to him signed written statements made by State's witnesses prior to trial date. The witnesses did not use their statements while on the witness stand or did State's attorney use them in his examination. The court, after an in camera inspection, denied defense counsel's request.

I

Appellant contends it was error to permit, over objection, officers to relate their conversations with appellant prior to the killing. Appellant's counsel objected and gave reason for objection to be improper...

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  • Killough v. State
    • United States
    • Alabama Court of Criminal Appeals
    • June 29, 1982
    ...government witnesses before trial." Thigpen v. State, 355 So.2d 392 (Ala.Cr.App.), affirmed, 355 So.2d 400 (Ala.1977); Beard v. State, 337 So.2d 1372 (Ala.Cr.App.1976). The Court specifically noted that "(t)he rule of discovery is different where a prosecution witness has testified on direc......
  • Albarran v. State Of Ala.
    • United States
    • Alabama Court of Criminal Appeals
    • February 25, 2011
    ...App. 1980) (witness allowed to testify that victim was in a "highly emotional state, upset, and disoriented"); Beard v. State, 337 So. 2d 1372, 1376 (Ala. Crim. App. 1976) (police officer allowed to testify that appellant "appeared rational, spoke clearly and distinctly and appeared mad"). ......
  • Albarran v. State
    • United States
    • Alabama Court of Criminal Appeals
    • July 29, 2011
    ...(witness allowed to testify that victim was in a “highly emotional state, upset, and disoriented”); Beard v. State, 337 So.2d 1372, 1376 (Ala.Crim.App.1976) (police officer allowed to testify that appellant “appeared rational, spoke clearly and distinctly and appeared mad”). Here, Investiga......
  • Kennedy v. State, 7 Div. 966
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    • January 31, 1984
    ...392 So.2d 869 (Ala.1981); McLaren v. State, 353 So.2d 24, 32-3 (Ala.Cr.App.), cert. denied, 353 So.2d 35 (Ala.1977); Beard v. State, 337 So.2d 1372, 1377 (Ala.Cr.App.1976); Annot. 7 A.L.R.3d 8, Sections 16(b) and (d) Here, there was no suppression of exculpatory evidence like that condemned......
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