Bridges v. State

• Court: Alabama Court of Criminal Appeals
• Writing for the Court: PER CURIAM; The foregoing opinion was prepared by L. S. MOORE
• Citation: Bridges v. State, 263 So.2d 705, 48 Ala.App. 249 (Ala. Crim. App. 1972)
• Decision Date: 13 June 1972
• Docket Number: 7 Div. 101
• Parties: Roger Dale BRIDGES v. STATE.

Page 705

263 So.2d 705

48 Ala.App. 249

Roger Dale BRIDGES v. STATE.

7 Div. 101.

Court of Criminal Appeals of Alabama.

June 13, 1972.

Robert W. Weaver, Talladega, for appellant.

William J. Baxley, Atty. Gen., and Richard F. Calhoun, Asst. Atty. Gen., for the State.

PER CURIAM.

The indictment charged the appellant with the robbery of Roger Davis Fike and Samuel Louis Grice, II. Appellant entered a plea of not guilty. His trial resulted in a verdict of guilty and judgment was entered in accordance therewith. Hence, this appeal.

On the trial Samuel Louis Grice, II, testified in substance that he was riding in a car driven by his friend Roger Davis Fike in Talladega when he saw a car following them; that Fike turned a corner and the other car turned and pulled alongside them; that the people in the other asked them to stop; that they at first drove on but later backed up and stopped; that Frankie Salster and the appellant, Roger Dale Bridges, were in the other car; that the windows of Fike's car were partially open and the doors were locked; that appellant got out of his car, came to Fike's car, reached in, unlocked the door on the passenger side, opened it, and asked the witness to lend him some money; and that he also asked Fike to lend him some money.

The witness further stated that Salster then asked Fike to let him drive his car, got in Fike's car, pushed Fike over, and got in under the steering wheel; that appellant kept asking Fike if he had any money; that Fike finally told him he could let him have four dollars and the appellant said he wanted five; that Fike gave appellant a ten dollar bill and appellant said he was going to get it changed at his aunt's house; that Salster turned Fike's car around and went down the Ironton Road; that appellant left first in the Chevrolet he was driving which had a Clay County tag on it; that they followed appellant; that when they proceeded a short distance appellant sped up and signaled for Salster to follow, which Salster did; that they went out that road about a mile, took a right turn, went through a trash dump, and followed that road until it ended and turned on a paved road; that Salster said they were goint to his aunt's house but went to an abandoned house; that appellant got out of his car and came to Fike's side of the car; that Salster got out and came around to the witness's side of the car and told him to get out; that Salster then hit the witness in the mouth and eye with his fist and asked him for his money; that the witness told him he didn't have any; that Salster then hit him six, seven or eight times; that the witness told Salster all he had was a little change and Salster said, 'Give it to me;' that he gave him a quarter, a dime and a nickel and he said, 'Punk, we didn't come out here for forty cents.' A picture of the witness was introduced in evidence and appears in the record. It reveals the injuries inflicted by the beating Salster gave the witness at the time in question.

This witness further testified that at the time Salster was beating him he saw appellant with Fike's billfold, taking out all the money and searching for more; that appellant and Salster then wanted to see what was in the trunk of Fike's car; that Salster opened the trunk and appellant and Salster began taking 'equipment and stuff that was in boxes' from the trunk and placing it in appellant's car; that appellant told Fike and him to help them; that they took a camera tripod, a camera with a flash unit attached and a cuckoo clock from Fike's trunk and placed them in appellant's car; that Salster told them they 'better not go to the police' and if we did they would 'get us'; that they told us to wait for five minutes after they had gone before we left; that Salster said this; that they left with appellant driving; that after they left the witness and Fike cranked up and went to Mr. Buster Hogan's home; Fike's grandfather and the police were called; that appellant was arrested that night in an automobile and that the witness and Fike went that same night to identify the articles taken from the automobile trunk; and that we saw the cuckoo clock and Fike's brother's jacket in the automobile.

Roger Davis Fike's testimony was in substance the same as that of the witness Grice. However, since the appellant was the person who dealt with him after the two cars arrived at the abandoned house, he was able to testify more in detail as to the activities of appellant at that time. This witness testified in substance as to the events which took place at the scene of the robbery that appellant, in his car which was in front of the car in which the witness and Grice were riding, drove up to the vacant house; that Salster drove Fike's car up near appellant's car and stopped; that the lights of both cars were turned off; that it was a dark night; that Salster got out of Fike's car and went around to the passenger side and told Grice to get out; that appellant came over and sat on the seat by him and told the witness to give him his billfold and the rest of his money; that he was afraid and that he gave appellant the billfold which contained four one dollar bills; that appellant put his hand in the witness's pocket and got the change he and, a nickel and five pennies; that appellant still had the ten dollar bill he had previously given him to get changed; that appellant also got some keys out of his pocket; that at that time Salster was hitting Grice; that appellant got out of the car and looked...