Brown v. State, 2 Div. 232
Citation | 366 So.2d 334 |
Decision Date | 21 November 1978 |
Docket Number | 2 Div. 232 |
Parties | Johnny L. BROWN v. STATE. |
Court | Alabama Court of Criminal Appeals |
Charles H. Morris, III, Selma, of Morris & Faile, Selma, for appellant.
William J. Baxley, Atty. Gen., J. Bernard Brannan, Jr., Asst. Atty. Gen., and Paul E. Johnson, Staff Atty., Montgomery, for appellee.
The indictment charged murder in the first degree. The conviction was for murder in the first degree with a sentence for life in the penitentiary.
State's evidence tended to prove that the appellant shot and killed Willie Grimes and fully sustains the jury verdict of murder in the first degree. Appellant's evidence tended to prove that when he shot the deceased he was shooting at Shirley Grimes Smith and that the deceased jumped between them.
Appellant in his brief contends that the trial court erred to his prejudice on two grounds: first, by overruling his objection to a question propounded to him on cross-examination, and refusing to instruct the jury not to consider the question; second, by permitting the introduction into evidence over his objections certain photographs of Shirley Grimes Smith.
On cross-examination of the appellant, after he had admitted that he had a prior conviction for an assault with intent to murder, the following then occurred:
"Q Of course, Mr. Norris is just mistaken about what he saw, is that right, because what you saw or what you did that's exactly what happened?
A Well, I know what happened. I was there. I'm not going to lie because I done it. I'm just telling you the exact way it happened. That's all I can do. I know how it happened.
Q You know how it happened because this is not the first time you have tried to kill anybody is it?
The question was not answered by the appellant. At the beginning of the trial the judge stated to the jury the following:
Again during the trial the following statement was made by the court to the jury:
During the court's oral charge to the jury the following occurred:
"An attorney's statements and arguments are not evidence, and you should disregard any remark, statement, or argument which is not supported by the...
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Baxter v. State
...are removed. Minor v. State, 402 So.2d 1121 (Ala.Crim.App.1981); Grey v. State, 369 So.2d 889 (Ala.Crim. App.1979); Brown v. State, 366 So.2d 334 (Ala.Crim.App.1978); Woods v. State, 344 So.2d 1225 (Ala.Crim.App.), cert. denied, 344 So.2d 1230 (Ala.1977). Even `inadvertent slips' which are ......
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Glenn v. State, 6 Div. 282
...improper, was not answered, and was thereby rendered harmless. Kennedy v. State, Ala.Cr.App., 373 So.2d 1274 (1979); Brown v. State, Ala.Cr.App., 366 So.2d 334 (1978); Ellenburg v. State, Ala.Cr.App., 353 So.2d 810 During the direct examination of W. G. Parnham, a witness for appellant, cou......
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Woods v. State
...are removed. Minor v. State, 402 So.2d 1121 (Ala.Crim.App.1981); Grey v. State, 369 So.2d 889 (Ala.Crim.App.1979); Brown v. State, 366 So.2d 334 (Ala.Crim.App.1978); Woods v. State, 344 So.2d 1225 (Ala.Crim.App.), cert. denied, 344 So.2d 1230 (Ala.1976). Even "inadvertent slips" which are p......
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Kelley v. State, 1 Div. 384
...remarks are removed. Minor v. State, 402 So.2d 1121 (Ala.Cr.App.1981); Grey v. State, 369 So.2d 889 (Ala.Cr.App.1979); Brown v. State, 366 So.2d 334 (Ala.Cr.App.1978); Woods v. State, 344 So.2d 1225 (Ala.Cr.App.), cert. denied, 344 So.2d 1230 (Ala.1976). Even 'inadvertent slips' which are p......