Christian v. State
| Decision Date | 30 September 1977 |
| Citation | 351 So.2d 623 |
| Parties | In re William Macy CHRISTIAN v. STATE of Alabama. Ex parte William Macy Christian. SC 2139. |
| Court | Alabama Supreme Court |
James P. Smith of Ford, Caldwell, Ford & Payne, Huntsville, Ralph C. Burroughs, Public Defender of Tuscaloosa County, Tuscaloosa, for petitioner.
William J. Baxley, Atty. Gen., and Jock M. Smith, Asst. Atty. Gen., for the State.
In October 1972 William Christian was indicted for murder in the first degree for the death of his mother. During the three years between the time of indictment and the trial of the case, Christian was twice found incompetent to stand trial and each time was committed to Bryce Hospital for treatment. At trial, Christian entered a plea of not guilty and not guilty by reason of insanity. The jury returned a verdict of guilty of murder in the second degree and set punishment at 99 years in the penitentiary. Christian filed motion for new trial, but on hearing, it was denied. The conviction was affirmed by the Court of Criminal Appeals.
The undisputed evidence was that: Christian attacked his mother with a soft drink bottle and repeatedly beat her over the head with it; after she collapsed he poured gasoline over her body and set it ablaze; Christian then sat down near the burning body and remained there until the police arrived and took him into custody. Mrs. Christian died from these injuries.
The appellant raises two issues which he contends call for this court to reverse and remand this case for a new trial. First he argues that the verdict of the jury is against the great preponderance of the evidence that Christian was insane at the time of the homicide. Secondly, he contends that the remarks of the prosecution during closing argument were so prejudicial that they constituted reversible error. We are persuaded by appellant's arguments on both these issues and therefore reverse.
We begin by stating the general rule in Alabama that, as persons on trial for commission of crimes are presumed sane, the defense of insanity is an affirmative defense which must be clearly proved to the jury's reasonable satisfaction and the burden of proof in this regard rests on the defendant. Ala.Code tit. 15, § 422 (1958); Knight v. State, 273 Ala. 480, 142 So.2d 899 (1962); Smith v. State, 257 Ala. 47, 57 So.2d 513 (1952); Parrish v. State, 139 Ala. 16, 36 So. 1012 (1903). Thus, where a plea of not guilty by reason of insanity is filed, the burden upon the defendant is to establish the issue of legal insanity by a preponderance of the evidence. Grissom v. State, 33 Ala.App. 23, 30 So.2d 19 (1947); Lee v. State, 246 Ala. 343, 20 So.2d 471 (1944); Lide v. State, 133 Ala. 43, 31 So. 953 (1901). In this respect, the burden never shifts to the State nor rests on the State. Grammer v. State, 239 Ala. 633, 196 So. 268 (1940).
In applying these propositions of statutory and case law, it has been stated that the question of insanity at the time of the commission of the crime is a matter to be determined by the jury from a consideration of all the evidence. Carr v. State, 43 Ala.App. 642, 198 So.2d 791 (1967); Hawkins v. State, 267 Ala. 518, 103 So.2d 158 (1958). In making its determination, the jury may reject all expert testimony though it is without conflict. Hockenberry v. State, 246 Ala. 369, 20 So.2d 533 (1945); George v. State, 240 Ala. 632, 200 So. 602 (1941); Parrish v. State, 139 Ala. 16, 36 So. 1012 (1903). However, opinion testimony, even of experts in insanity cases, must be weighed by the jury and may not be arbitrarily ignored. Pickett v. State, 37 Ala.App. 410, 71 So.2d 102, cert. denied, 260 Ala. 699, 71 So.2d 107 (1954); Boyle v. State, 229 Ala. 212, 154 So. 575 (1934).
We are cognizant on this appeal of these general rules with respect to pleas of insanity and also of the great weight to be given verdicts of juries. However, an exception must be allowed in cases where the proof of insanity is overwhelming and uncontradicted. This court stated the following in Boyle v. State, 229 Ala. 212, 222, 154 So. 575, 583 (1934) "Cases of insanity may be so clear, the proof so strong and undisputed, that the jury should be instructed in like form."
To sustain the burden of the issue of insanity raised by his plea, the appellant introduced testimony of three psychiatrists, each of whom testified that Christian was insane at the time he committed the homicide. The record also shows Christian had a history of mental disorders and had been admitted to Bryce Hospital on several occasions prior to the homicide. Members of Christian's immediate family testified to the following unusual behavior of their brother prior to the homicide: talking to a television set; imagining that every radio and television set contained a microphone to spy on him; imagining that red and blue subversives were out to get him through the use of their control over all the birds; believing that he was Jesus and possessed by the devil; believing that he saw winged monsters; and pretending he was talking to deceased relatives.
One of the police officers, who fingerprinted Christian after his arrest, testified that later the same night Christian made other unusual statements such as, "It is in the stars," "I can see it in the stars," "I can see it in the future," "It is in my eyes."
The State presented no expert testimony concerning Christian's sanity, but points to the testimony of Miss Joyce Williams, Christian's sister, on this issue. Her testimony in part was that in 1972 a Bryce Hospital case worker told her and her mother that Christian was in good condition and that if he would take the medication prescribed for him he could live among normal people. Miss Williams also stated that her mother told her on one occasion that Christian had said he would kill her if she tried to put him back in Bryce Hospital. No objection was made to the introduction of this testimony.
After a consideration of the foregoing testimony presented at trial, we are convinced that the overwhelming evidence presented by appellant has amply overcome the presumption of sanity as to this accused. This being so, it necessarily follows that the jury verdict in this case is contrary to the preponderance of the evidence and that this cause must be reversed.
The second point urged as error by appellant concerns remarks made by the prosecution during closing argument. By utilizing Rule 10(d), ARAP, Christian's attorney made the following statements, which are attributed to the district attorney in his closing argument, part of this record:
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Cunningham v. State
... ... The legal principles governing the burden and sufficiency of proof of insanity were collected in Christian v. State, 351 So.2d 623 (Ala.1977) ... "Those principles may be summarized as follows: ... "1. By statute, there is a presumption of sanity extending to all persons over the age of 14 ... "2. The defense of insanity is an affirmative defense. The burden of proving this defense rests upon the ... ...
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... ... State, 229 Ala. 212, 222, 154 So. 575, 583 (1934)." ... " 'Herbert v. State, 357 So.2d 683, 688-89 (Ala.Cr.App.), cert. denied, 357 So.2d 690 (Ala.1978). See also Christian v. State, ... Page 159 ... 351 So.2d 623, 624-25 (Ala.1977); Ellis v. State, 570 So.2d 744, 749-753 (Ala.Cr.App.1990).' " ... Bass, 585 So.2d at 233, quoting Ware v. State, 584 So.2d 939 (Ala.Cr.App.1991). The appellant argues that paragraph 3 in the quoted portion above ... ...
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Ellis v. State
... ... Any determination of the issue of whether the proof of insanity is so clear, strong, and undisputed that the defendant is entitled to a verdict of not guilty by reason of mental disease or defect must begin with a consideration of the principles collected in Christian v. State, 351 So.2d 623, 624-25 (Ala.1977): ... "We begin by stating the general rule in Alabama that, as persons on trial for commission of crimes are presumed sane, the defense of insanity is an affirmative defense which must be clearly proved to the jury's satisfaction and the ... ...
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