Bray v. State
| Decision Date | 12 March 1918 |
| Docket Number | 1 Div. 281 |
| Citation | 78 So. 463,16 Ala.App. 433 |
| Parties | BRAY v. STATE. |
| Court | Alabama Court of Appeals |
Rehearing Denied April 2, 1918
Appeal from Circuit Court, Mobile County; Norvelle R. Leigh, Jr. Judge.
Thaddeus Bray, alias, was convicted of manslaughter, and he appeals. Affirmed.
Bart B Chamberlain, of Mobile, for appellant.
F. Loyd Tate, Atty. Gen., and David W.W. Fuller, Asst. Atty. Gen for the State.
It is well settled that the judgment of conviction in a criminal case must affirmatively show that the defendant pleaded to the indictment, or that, standing mute, the court caused the plea of not guilty to be entered for him. Code 1907, § 7565; Jackson v. State, 91 Ala. 55, 8 So. 773, 24 Am.St.Rep. 860; Hamilton v. State, 147 Ala. 110, Clayton v. State,
78 So. 462. And the judgment cannot be aided or contradicted by the recitals in the bill of exceptions as to matters which must affirmatively appear in the record proper. 6 Mayf.Dig. 82, § 1; Taylor v. State, 112 Ala. 69, 20 So. 848; Mobile Light & R.R. Co. v. Thomas, 77 So. 463.
The judgment entry in this case recites that the "defendant was arraigned on the indictment charging him with the offense of manslaughter in the first degree, to which charge he pleaded not guilty," and this recital cannot be contradicted by the bill of exceptions.
The state's theory of the case, as disclosed by the evidence, is that the deceased, on the night he was killed, and while in an intoxicated condition, boarded the Pritchard car about 7 o'clock in the evening, for the purpose of going to his home; that Terrilltown was on the car line between the place where deceased boarded the car and his home, and deceased, thinking that he had arrived at his destination, got off the car at Terrilltown, and went to the defendant's home, under the delusion that it was his own home, and attempted to enter it; that he was there violently assaulted and killed by the defendant. Evidence tending to prove these facts was pertinent to the issues in the case, and deceased's motives and intentions when he boarded the car, as well as when he attempted to enter defendant's house, rested in inference, and could only be proven by his conduct, condition, and declarations attending the occasion, and all such evidence was admissible. Jacobi v. State, 133 Ala. 1, 32 So. 158; Hardaman v. State, 78 So. 324; Holton v. Ala. Mid. R.R., 97 Ala. 275, 12 So. 276.
The predicate essential to render the inculpatory statements of the defendant made to the officer when he was taken into custody admissible against him was sufficient. Fortner v. State, 12 Ala.App. 180, 67 So. 720; Pearce v. State, 14 Ala.App. 120, 72 So. 213; Bufford v. State, 14 Ala.App. 69, 71 So. 614.
One of the elements of the burden of proof resting upon the state was to prove the corpus delicti--in this case the death of Adams by some criminal agency--and any evidence tending to prove either of these facts was relevant and properly admitted. Pearce v. State, supra.
Dr Madler was shown to be an expert, and the court properly overruled the defendant's objections to the questions propounded to him eliciting evidence tending to show that the blow on the deceased's head caused his death. Pearce v. State, supra. All persons are more or less familiar with the appearance of stains caused by blood, and it has been repeatedly held that no particular skill or experience is required to qualify a witness who saw the stains to render his evidence with respect thereto...
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...v. State, 40 Ala.App. 146, 109 So.2d 311: 'A judgment cannot be contradicted by matters not appearing in the record proper. Bray v. State, 16 Ala.App. 433, 78 So. 463. A motion for a new trial is no part of a record proper, which in a criminal case consists of the caption of the case, stati......
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