Bowen v. State, 3 Div. 179
| Decision Date | 06 May 1980 |
| Docket Number | 3 Div. 179 |
| Parties | Curtis Graves BOWEN, III v. STATE. |
| Court | Alabama Court of Criminal Appeals |
Rivard Melson and Paul M. Harden of Harden & Melson, Monroeville, for appellant.
Charles A. Graddick, Atty. Gen., Sandra M. Solowiej, Asst. Atty. Gen., for appellee.
Robbery; sentence: fifteen years imprisonment.
Appellant contends that a preponderance of the evidence at trial proved his insanity at the time of the commission of the offense and that the trial court erred to reversal in overruling his motion for a new trial based on that ground.
Early on the morning of November 28, 1978, Dick Robbins was driving to work, going east on Highway 84 toward Evergreen, when he saw the appellant hitchhiking and gave him a ride. When Robbins reached the junction of Highway 84 and Interstate 65, he asked the appellant where he wanted to get out. After a momentary hesitation, the appellant pulled a pistol and told him to drive south on Interstate 65. Robbins, under the pretense of needing gasoline, pulled into a nearby service station owned by Murray Stinson. Robbins immediately jumped from the car, ran to the rear of the station, and shouted to Stinson to call the police. Robbins testified that during the ten minutes in his presence the appellant acted and appeared normal.
Murray Stinson, the victim of the robbery, testified that after Robbins shouted to him the appellant entered his station and robbed him at gunpoint of $223. He stated that the appellant was in his presence approximately ten minutes and that he "acted all right to me." He also stated that appellant's appearance then and at trial was substantially the same.
Shortly after the appellant ran from the scene of the robbery, he encountered George Massey, a long distance truck driver. Massey testified that on the morning in question he was sleeping in his parked tractor-trailer truck near the Monroeville exit of Interstate 65 and Highway 84 when he was awakened by the appellant shaking the cab of the vehicle. The appellant pointed a pistol at him and demanded a ride. He asked the appellant if he needed money, but the appellant replied that he did not as he had just robbed a store. Massey drove south on Interstate 65 for approximately twenty-two miles until the appellant laid the pistol down on the seat between them in order to count the stolen money. Massey grabbed for the pistol and a struggle ensued during which time the truck crossed the highway median and wrecked. Massey stated that he and the appellant fell out of the cab and continued struggling. Shortly thereafter Massey gained control of the pistol, and the appellant climbed the highway boundary fence and ran into the woods.
Winston Grant, the dog warden from nearby Atmore Prison, was called to the scene and conducted a lengthy search of the area with his dogs. He tracked the appellant into a field where he was apprehended. Grant found a quantity of torn-up currency scattered around where the appellant was overtaken. On cross-examination he testified that from his personal observation the appellant appeared and acted as normal as "any other fugitive you catch."
The appellant produced two witnesses to testify as to his insanity. Reverend Curtis G. Bowen, Jr., the appellant's father, testified that his son acted normal up until a time in his late teens when he began experiencing drug abuse problems. He testified that in the spring of 1978 he had taken his son to their family physician who, after examining the appellant, suggested that he be examined by a psychiatrist. He took the appellant to a psychiatrist stating that such a move was motivated by his prior observations of the appellant which indicated that he had difficulty relating to people and obtaining and maintaining employment. Reverend Bowen stated that his son described hallucinations in which someone was attempting to harm him and someone was reading his mind. He described his son as being extremely depressed and out of touch with reality.
Dr. W. H. Rudder, a consulting psychiatrist at Searcy Hospital, testified on behalf of the appellant. On motion of defense counsel, filed after arraignment but prior to trial, the trial judge found the appellant to be insane at that time and committed him to Searcy Hospital until "restored to his right mind." Dr. Rudder had treated the appellant while confined at Searcy Hospital and on trial testified as to his diagnosis and treatment. He stated that he initially diagnosed the appellant as suffering from a psychosis or drug or poison intoxication. However, after consulting with other staff members and after administering and reviewing the results of a battery of psychiatric evaluation tests, Dr. Rudder reached a different result in his final diagnosis. He then found the appellant suffering from "acute schizophrenia" with "almost certain exacerbation under stress of substance abuse" and a high probability that he had "Old World" or "Process" schizophrenia. The witness defined such terms as meaning "a type of lifelong thought disorder for a man on the street, that would be considered lifelong craziness probably congenital."
Dr. Rudder testified that the appellant's mental condition had probably been drifting from normal to abnormal since his late teens. He stated that the appellant's illness could have manifested itself in his late teens, but could not state whether the condition stemmed from drug problems. Dr. Rudder concluded that on the day of the crime, the appellant did not know the difference between right and wrong. He further opined that the appellant was not faking his illness. However, according to Dr. Rudder, the appellant's I.Q. of 101 was above average.
In rebuttal the State again offered testimony from George Massey. He testified that he was in the presence of the appellant for approximately forty-five minutes. He stated that the appellant "appeared to be a rational, nervous young man" who "seemed to be knowing what he wanted, and he seemed to me like he knew what he was doing." In Massey's opinion the appellant was sane when he was with him.
Section 15-16-1, Code of Ala.1975, provides:
The record shows the arraignment in the instant case to have been conducted on March 19, 1979. The record reveals no special plea of insanity as required by § 15-16-1, supra. In the absence of such a formal plea, the question of insanity was not properly...
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