Botsford v. State
Decision Date | 26 November 1974 |
Docket Number | 7 Div. 309 |
Citation | 54 Ala.App. 482,309 So.2d 835 |
Parties | Bruce BOTSFORD, alias v. STATE. |
Court | Alabama Court of Criminal Appeals |
Crowder & Espy, P.A., Tuscaloosa, for appellant.
William J. Baxley, Atty. Gen., Montgomery, and Roger M. Monroe, Sp. Asst. Atty. Gen., Birmingham, for the State.
Bruce Botsford was indicted for first degree murder, and after a trial, was convicted of second degree murder with punishment fixed at thirty years.
The evidence presented at trial showed that the body of Rev. Edward Pace was found just inside his front door about 8:00 P.M. on November 26, 1973. His death resulted from gunshot wounds to the chest.
State's witness, Charles Ronald Battles, testified that he was with Gene and Phillip Arledge at the Ku Klux Klan hall on November 26, 1973, when appellant and Rickey Arledge arrived. Later, while standing in front of the Klan hall, he witnessed appellant and Rickey drive up to Rev. Pace's house and shoot him.
The shots were heard by Phillip Ramsey, who worked at the Dairy Queen across from the Pace residence. Appearing as a defense witness, he stated that upon looking out of the window, he saw a white car parked in front of the house with a man at the wheel. He observed another man enter on the passenger's side, and stated it was not the appellant. He described the driver as having an afro hairdo, and in his judgment, both men were black.
Along with the foregoing evidence, the state offered this confession made by the appellant while in custody:
3322 Stonewall Avenue
Gadsden, Alabama
'My name is Bruce Botsford, I am 22 years of age, I live at 3322 Stonewall Avenue in Gadsden, Alabama. I have had my rights explained to me, and I do understand my rights that I do not have to make any statements and that I have the right to remain silent, that anything that I say can be used against me in a court of law, that I have the right to talk to a lawer (sic) for advice before any questions are ask me, and to have him with me before any questions are ask me. I therefore do not want a lawer (sic) present and I also understand that I can stop at any time during the questioning until I talk to a lawer (sic). I have had my rights explained to me and I am willing to make this statement and answer questions, I know what I am doing, no promises or threats have been made to me and no pressure or coercion of any kind has been used against me. Monday morning, November 26th, 1973 everybody was told to meet at the Klavern on Stroud Avenue in East Gadsden, Alabama at approximately 5:30 p.m. We all got there, well I went and got Rickey Arledge at the Base at Ft. McClellan to inform him of the meeting, as soon as Rickey got free from work, we went together to the Klavern on Stroud Avenue in East Gadsden, Alabama, It's right across the street from the Dairy King. When we got there we were 'I swear that the above statements made by me is (sic) correct and true to the best of my knowledge. I have made these statements of my own free-will and accord without threats or promise of reward to me in any way.
Gerald Diggs
James A. Davis' Prior to trial, appellant sought to have the confession suppressed. He did not deny making and signing it, but challenged that he did so voluntarily. Appellant insisted that he was 'forced to endure some seven and...
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Arthur v. State, 8 Div. 873
...is a matter left to the sound discretion of the trial court. Turner v. State, 410 So.2d 458 (Ala.Cr.App.1981); Botsford v. State, 54 Ala.App. 482, 309 So.2d 835 (Ala.1974); Nelson v. State, 440 So.2d 1130 (Ala.Cr.App.1983). This is generally the law because the trial judge is in the best po......
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Hall v. State
...Robinson v. State, [430 So.2d 883 (Ala.Cr. App.1983) ]; Acoff v. State, [50 Ala.App. 206, 278 So.2d 210 (1973) ]; Botsford v. State, [54 Ala.App. 482, 309 So.2d 835 (1975)]; Nelson v. State, [440 So.2d 1130 (Ala.Cr.App.), cert. denied, 440 So.2d 1130 (Ala.Cr.App.1983) 555 So.2d at 224-25. A......
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Hall v. State
...See Robinson v. State, [430 So.2d 883 (Ala.Cr.App. 1983)]; Acoff v. State, [50 Ala.App. 206, 278 So.2d 210 (1973)]; Botsford v. State, [54 Ala.App. 482, 309 So.2d 835 (1975)]; Nelson v. State, [440 So.2d 1130 (Ala.Cr.App.), cert. denied, 440 So.2d 1130 "555 So.2d at 224-25. "As previously n......
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Whisenhant v. State, 1 Div. 333
...is in the best position to weigh the evidence and 'evaluate the prejudicial atmosphere' surrounding the accused's case. Botsford v. State, 54 Ala.App. 482, 309 So.2d 835, cert. denied, 293 Ala. 745, 309 So.2d 844 (1975); Burnett v. State, 350 So.2d 718 In reviewing the evidence presented in......