Carroll v. State
| Decision Date | 06 October 1981 |
| Docket Number | 8 Div. 506 |
| Citation | 405 So.2d 163 |
| Parties | Robert Lee CARROLL v. STATE. |
| Court | Alabama Court of Criminal Appeals |
Robert Burdine, Jr., Florence, for appellant.
Charles A. Graddick, Atty. Gen., and Sandra M. Solowiej, Asst. Atty. Gen., for appellee.
Appellant was convicted of theft of property in the first degree and sentenced to ten years in the penitentiary. At arraignment, in the presence of court-appointed counsel, he interposed a plea of not guilty. After sentence was imposed he gave notice of appeal and was furnished a free transcript. Trial counsel was appointed to represent him on appeal.
On the afternoon of July 5, 1980, at approximately 5:00, the victim, Herschel Goodman, was engaged in the sale of produce from his truck on Redbud Street in the City of Florence, Alabama. While he was dispensing his produce to customers gathered around his truck a young black male came up behind him, grabbed his billfold from his left rear pocket and ran. The victim chased the thief several yards with his open knife and during the chase another young black man tripped him and the thief got away. Just before the thief approached Mr. Goodman he was observed by Goodman coming toward his truck. He had seen him on other occasions and had previously sold him produce but he did not know his name. Mr. Goodman also knew he lived in that neighborhood.
After being tripped Mr. Goodman returned to his truck where he learned the thief's name from one of the people who had purchased some grapes from him and who had witnessed the incident. Mr. Goodman called the Police Department and reported the theft of his wallet. A few minutes later the police arrived at the scene and got a description of the thief. The officers went to the house of appellant and interviewed him. Appellant was most cooperative and voluntarily showed the officers his pocketbook which contained $78.00, and voluntarily accompanied the officers to the station house where he was photographed. Appellant was not charged at that time and was released on his own recognizance as Mr. Goodman told the officers he only wanted his money returned to him.
While the officers were interviewing appellant Mr. Goodman arrived at the house and positively identified appellant as the man who stole his wallet and ran away. He also made a positive in-court identification of appellant as the thief who grabbed his wallet which contained approximately $500.00 of various denominations, including two $100.00 bills, and testified he had not seen it since it was taken from him.
Officer Virgil Wilson of the Florence Police Department testified he was on duty on July 5, 1980, and he and his partner, Jack Carr, responded to a call that a larceny had been committed at 220 Redbud Street. When they arrived Mr. Goodman told the officers he had been approached by a black male who had come up behind him and removed his wallet from his left rear pocket. Officer Wilson further stated that Mr. Goodman informed him that he had chased the man but could not catch him; that Mr. Goodman told him that he knew the man by sight but did not know the man's name. However, Officer Wilson stated that the description Mr. Goodman gave him fit appellant Robert Carroll. After receiving this description the officers went to appellant's home located on the corner of Redbud and Mobile Streets. Appellant answered the door and the officers told him they wanted to talk with him about the larceny of Mr. Goodman's wallet. While they were on the porch talking with appellant Mr. Goodman arrived and identified appellant as the individual he had been chasing. As a result of this identification the officers requested appellant go with them to the police station where they continued to question him about the incident. Appellant was not arrested on this occasion and Officer Wilson drove appellant back to his house after appellant denied any involvement in the theft of the wallet and stated that he had nothing to hide.
The testimony of Mr. Richard Nance further corroborated that of Mr. Goodman. According to Mr. Nance he was driving on Redbud Street on the afternoon of July 5, 1980, on his way home from work and saw Mr. Goodman, "the vegetable man," running after appellant with a knife. Nance testified that the two men ran directly in front of his car as he was driving up the hill and that he watched them until they disappeared between two houses. He saw a wallet in appellant's hands. Mr. Nance further testified that he had known appellant about 21 years and had gotten a good look at him on this occasion. He was positive that appellant was the man he saw with the wallet in his hands as he was being chased by Mr. Goodman.
Appellant did not testify in his behalf but called four witnesses to testify for the defense. Appellant's wife, Dorothy Carroll, Helen Patterson, Ronnie Cole and Debbie Pace testified on behalf of appellant. Although Dorothy Carroll and Ronnie Cole both testified they were with appellant at his house after Mr. Goodman's wallet had been stolen, these witnesses were unable to say they were with appellant at the time the wallet was snatched from Mr. Goodman's pocket.
There was no motion to exclude the State's evidence and no request for the affirmative charge. The sufficiency of the evidence was raised in a motion for a new trial which was overruled and denied.
Initially, appellant contends the trial court erred in permitting the admission of evidence obtained as a result of an illegal search and seizure. More specifically, it is asserted that, because appellant did not knowingly and voluntarily give his consent to be searched on July 5, 1980, any evidence obtained therefrom was required to be excluded from the evidence. At the outset, it must be noted that, although appellant did file a motion to suppress, such motion was never ruled upon by the trial court and, therefore, presents nothing to this court for review. Harris v. State, 57 Ala.App. 558, 329 So.2d 618; Dickerson v. State, 43 Ala.App. 694, 200 So.2d 487.
Appellant also contends the trial court committed reversible error in allowing hearsay evidence to be introduced into evidence. The victim in this case did not know the name of the man who grabbed his wallet.
From the record:
To continue reading
Request your trial
-
Harris v. State
...are invoked at the trial court. Parker v. State, 406 So.2d 1036 (Ala.Cr.App.), cert. denied, 406 So.2d 1041 (Ala.1981); Carroll v. State, 405 So.2d 163 (Ala.Cr.App.1981); Murphy v. State, 403 So.2d 314 (Ala.Cr.App.), cert. denied, 403 So.2d 316 (Ala.1981); Boykin v. State, 398 So.2d 766 (Al......
-
Murry v. State
...is that whatever is based on facts in evidence is within the scope of proper comment in argument to the jury." Carroll v. State, 405 So.2d 163, 167 (Ala.Cr.App.1981). "It is ... clear that when evidence of collateral crimes has been properly admitted it may be commented upon by the prosecut......
-
Strough v. State, 3 Div. 301
...an adverse ruling from the trial court must be secured." Livingston v. State, 419 So.2d 270, 273 (Ala.Cr.App.1982); Carroll v. State, 405 So.2d 163 (Ala.Cr.App.1981); Murphy v. State, 403 So.2d 314 (Ala.Cr.App.), cert. denied, 403 So.2d 316 (Ala.1981). Since there is nothing in the record t......
-
Holland v. State
...conflicts in testimony. When taken as a whole, the court's oral charge was sufficient and held no reversible error. Carroll v. State, 405 So.2d 163 (Ala.Cr.App.1981); Woodard v. State, 401 So.2d 300 Importantly, the objection to the charge was improper in that the appellant stated as the sp......