Cooper v. State, 6 Div. 738
| Decision Date | 29 August 1978 |
| Docket Number | 6 Div. 738 |
| Citation | 364 So.2d 382 |
| Parties | Grant COOPER v. STATE. |
| Court | Alabama Court of Criminal Appeals |
David S. Hassinger, Birmingham, for appellant.
William J. Baxley, Atty. Gen., J. Bernard Brannan, Jr., Asst. Atty. Gen., Montgomery, for appellee.
Under an indictment charging murder in the first degree appellant was convicted of murder in the second degree and the jury fixed his punishment at twenty-five years in the penitentiary. Throughout the trial proceedings appellant was represented by Court-appointed counsel and at arraignment pleaded not guilty. After sentence was imposed he gave notice of appeal and was furnished a free transcript. Trial counsel was appointed to represent appellant on this appeal.
The evidence presented by the State was more than sufficient to sustain the verdict of the jury and the judgment rendered thereon. Appellant did not testify in his behalf.
On June 24, 1977, appellant and the deceased, Ernest Howard Winchester, were both residing at the Forgotten Man Mission located at 1721 Pearson Avenue, Southwest, Birmingham, Alabama. This was a charitable mission known as a half-way house for ex-felons who did not have a place to live.
Joseph K. Morgan testified that he was associated with the Forgotten Man Mission on June 24, 1977, and had been connected with the mission house since 1976. Mr. Morgan knew both appellant and the deceased, but he was not present when an argument occurred between the deceased and appellant. There was testimony that during this argument appellant pulled out a pocketknife and stabbed the deceased nineteen times causing his death. After the stabbing Mr. Morgan was called back to the mission house and found the deceased prostrate on the kitchen floor. He appeared to be dead. Mr. Morgan found appellant sitting in a chair on the front porch and he asked him if he killed Mr. Winchester and he said, "yes," but he did not say anything else; that appellant appeared to be calm and not nervous or upset in any way. He further testified that two days later he attended Mr. Winchester's funeral in Tuscaloosa, Alabama, and observed him in an open casket.
On cross-examination Mr. Morgan testified that a new resident, Alvin Jackson, arrived on June 24, 1977, and he was called on the telephone and was asked what room he was to be assigned. Mr. Morgan asked to speak to one of the older residents and appellant came to the telephone. Mr. Morgan directed the appellant to show him a room upstairs in which he was to live.
Mr. Jack R. Parker testified that he was employed by the Jefferson County Coroner's Office and had served as Deputy Coroner since 1973. Prior to joining the Coroner's Office he had seven years investigative experience with the Jefferson County Sheriff's Department and had seen knife wounds on the bodies of deceased persons many times. He had a degree from Jefferson State University in mortuary science. His qualifications were not questioned by defense counsel. On June 24, 1977, he went to the Forgotten Man Mission house and examined the body of a man identified to him as Howard Winchester. He viewed the body of the victim and observed a "good bit of blood around the room."
This witness was present when an autopsy was performed on the victim and he observed nineteen slashing and penetrating knife wounds on the body of the deceased. He said that one of the wounds entered the left lung of the victim which caused him to bleed to death.
Alvin D. Jackson testified that he moved into the Forgotten Man Mission on June 24, 1977. On that day, Winchester and appellant began arguing. Jackson testified that appellant suddenly drew a pocketknife, the blade of which was approximately four inches long. Winchester had no weapon at all.
From the record:
Jackson further testified that Winchester did not try to hit appellant: "He didn't even try to defend himself."
James L. Robertson testified that he resided at the Forgotten Man Mission on June 24, 1977. Robertson knew both appellant and the victim. About five-thirty, in the afternoon, Robertson was upstairs in his room when he heard a noise which attracted his attention. Robertson came downstairs and saw the deceased and appellant scuffling. After walking into the office, Robertson walked back out and saw the deceased backing around the kitchen table, "hollering, 'Don't stab me anymore, Grant.' " Appellant walked out on the front porch when the deceased fell on the kitchen floor.
Alvin Jackson was then recalled to testify. Jackson examined a knife shown to him and identified it as the weapon used by appellant to stab the deceased.
Jerry Frazier testified that on June 24, 1977, he investigated an incident at the Forgotten Man Mission in his capacity as a patrolman for the Birmingham Police Department. There he observed a body identified to him as being Howard Winchester. Appellant was sitting on the front porch. Frazier obtained from appellant a pocketknife and took appellant to the City Jail, after appellant was examined at Cooper Green Hospital because of his complaint of chest and shoulder pain.
Kenneth H. Glover testified that he was employed by the Birmingham Police Department. On June 24, 1977, he and Frazier investigated an incident at the Forgotten Man Mission. Glover testified that he was present at Cooper Green Hospital when appellant was examined. He observed no cuts, scratches, or bruises on appellant, with the exception of one scratch on one of appellant's hands.
David Barnett was called to testify for the defense. Barnett was a councilman for the Vocational Rehabilitation Service. On June 24, 1977, Barnett took Alvin Jackson to the Forgotten Man Mission, since he had no place to stay. When Barnett arrived, Kenneth Morgan was not present at the Mission; so he called him at home. Morgan spoke to appellant over the phone. After the call was finished, appellant led Barnett and Jackson upstairs to show Jackson a room. When the three men came downstairs, another man asked appellant, "Grant, do you know what you are doing?" This question was repeated twice, and the man appeared to be upset. Barnett left at this time. Barnett did not recognize a picture of Howard Winchester, which was shown to him.
Jack Parker was called as a defense witness. Parker testified that an examination of a blood sample taken from Howard Winchester revealed that the alcohol content in the blood was .15 percent.
Reverend Sam Browning testified that he was pastor and assistant director of the Forgotten Man Mission. On June 24, 1977, Browning received a phone call, telling him that there was trouble at the Mission. When Browning arrived there, he found appellant trying to use the telephone. Appellant told Browning he was trying to get himself some help. Earlier that day, Browning testified, Winchester had helped appellant fix an electric fan.
During redirect examination of James Robertson by the District Attorney, the following occurred:
From the record:
"If he says, 'How long have you known him?' don't say, 'We sat on the moon together nine months.' "You say, 'I knew him nine months.'
To continue reading
Request your trial
-
Webb v. State
...that the accused has a prior criminal record, Holsclaw v. State, 364 So.2d 378 (Ala.Cr.App.), cert. denied, Ex parte State ex rel. Attorney General, 364 So.2d 382 (Ala. 1978). Yet, in an escape prosecution, the jury is already well aware of the fact that the accused was a prisoner with at l......
-
Brown v. State
...of the offense charged in the indictment or to the accused's innocence. Chavers v. State, Ala., 361 So.2d 1106 (1978); Cooper v. State, Ala.Cr.App., 364 So.2d 382, cert. denied, Ala., 364 So.2d 388 (1978); Holt v. State, Ala.Cr.App., 343 So.2d 582 (1977); Harvest v. State, Ala.Cr.App., 342 ......
-
Parker v. State
...presently before the court is vastly different from those in Holsclaw [v. State, 364 So.2d 378 (Ala.Cr.App.), cert. denied, 364 So.2d 382 (Ala.1978) ] and [United States v.] Harrington [490 F.2d 487 (2d Cir.1973) ]. In each of those cases the courts were considering the effects of 'mug shot......
-
Peraita v. State
...(2) that the accused was unable to retreat; and (3) that the accused was free from fault in bringing on the difficulty.' Cooper v. State, 364 So.2d 382, 386 (Ala.Crim.App.), cert. denied, 364 So.2d 388 (Ala.1978). `The burden of establishing inability to retreat and the requisite state of i......