Collins v. State
| Decision Date | 18 December 1947 |
| Docket Number | 4 Div. 472. |
| Parties | COLLINS v. STATE. |
| Court | Alabama Supreme Court |
Lewis & Lewis, P. S. Lewis, and C. R. Lewis, all of Dothan, for appellant.
A A. Carmichael, Atty. Gen., and Jas. T. Hardin, Asst. Atty Gen., for the State.
This appellant was convicted of murder in the first degree, and her punishment fixed at imprisonment in the penitentiary for life.
It is not contended that she in person killed the deceased, whose name was Ruby Lee Collins, but that she was instrumental in having it done. Ruby Lee Collins had shortly before the time she was killed been tried and acquitted of the murder of J B. Collins, a brother of this appellant. She was killed on Wednesday night, January 29, 1947, about 6:30 o'clock, as she was sitting in her place of business preparatory to closing it for the day. Such had been out in front and locked the gas pump, and gone back into storeroom, and was sitting in the room in a rocking chair by the window, when there was a shot from somewhere outside the window, the pistol ball going through her head and lodging in the back part of her skull.
This appellant had previously been married to T. J. Harris and they were separated--he living in Cincinnati. She and her brothers, including J. B. Collins, who had been killed by Ruby Lee, Buford Collins, and W. B. Finn, a half-brother who was called 'Buddy,' were operating a taxicab business in Dothan, and used the telephone in a barber shop which they also had as their headquarters.
The jury could have found from the evidence that this appellant sent or caused to be sent a telegram to T. J. Harris in Cincinnati, advising him that his mother was dead, and to come at once. He received the telegram, although she denied sending it, but admits paying the charges for it. In response to the telegram Harris came to Dothan by bus, reaching there Saturday about midnight, January 25, 1947, and went immediately to appellant's house where he remained until after Ruby Lee was killed Wednesday night. He was under indictment for this offense, and testified in the case implicating appellant.
The evidence shows that this appellant borrowed a pistol from Alberta Key, and hid it in her house, and also borrowed thirty dollars from her. The evidence also tends to show that the bullet which was taken from the skull of Ruby Lee after she died was shot from this pistol.
T. J Harris testified that this appellant made up the plan by which, in substance, Finn was to do the actual killing, but she wanted the backing of Harris paying him forty dollars, and that she was afraid to have her brother Buford to back him because he talked too much, and that was the reason Harris was notified to come down there. He was told his mother was not dead, and that was only an excuse to get him there. On Tuesday night, before the killing on Wednesday night, Finn and Harris proceeded to Ruby Lee's place of business, Finn with a pistol and Harris with a shotgun; but she had closed up and gone for the day. The next night they went back, armed as before, and hid under a nearby house until they saw her go out in front and lock the gas pump, and go back in the storeroom, when they slipped around by the side of the house where she was sitting by the window, and Finn shot her with the pistol twice. That they then ran off, and as they ran he threw his gun down in some weeds. Later they were arrested, and he told the officers how it was, carried them to where his gun was hidden, and confessed to the whole proceedings, and testified to it on the trial of the defendant. There was sufficient corroboration to comply with the statute. Section 307, Title 15, Code.
There are only a few questions presented on the trial: One is with reference to the testimony of Paul E. Shoffeitt, assistant state toxicologist, who made an examination of Ruby Lee after her death, and found a lead bullet in the back of her skull which he produced. He testified to his qualifications as an expert in respect thereto; objections were made to the sufficiency of his qualifications, which were overruled; and that presents one of the questions in the case. He testified that with the pistol...
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Washington v. State
...the bullet was fired from the pistol which deceased had with him at the time of the shooting. Grissett v. State, supra; Collins v. State, 250 Ala. 58, 33 So.2d 18. The pistol which was properly identified was also admitted in evidence without error. Higginbotham v. State, 262 Ala. 236, 78 S......
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Tomlin v. State
...(a state toxicologist was properly allowed to testify that one of the victims died as a result of a fractured skull); Collins v. State, 250 Ala. 58, 33 So.2d 18 (1947) (a toxicologist was properly allowed to testify that the victim died of a bullet wound to skull); Wilson v. State, 243 Ala.......
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Green v. State
...would be appropriate since there was no motion for a new trial and the case is not governed by the Automatic Appeal Act. Collins v. State, 250 Ala. 58, 33 So.2d 18. Cf. Broadway v. State, 257 Ala. 414, 60 So.2d 701; Easley v. State, 246 Ala. 359, 20 So.2d On the first trial of the case Roy ......
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McKee v. State
...introduction of this evidence. We are clear to the conclusion that the court did not err in his rulings of instant concern. Collins v. State, 250 Ala. 58, 33 So.2d 18; Roan v. State, 225 Ala. 428, 143 So. 454; Cunningham v. State, 22 Ala.App. 583, 118 So. 242; Rash v. State, 61 Ala. 89; Sim......