Cox v. State, 6 Div. 346
| Citation | 465 So.2d 1215 |
| Decision Date | 26 February 1985 |
| Docket Number | 6 Div. 346 |
| Parties | Archibald COX, Jr., alias v. STATE. |
| Court | Alabama Court of Criminal Appeals |
George W. Andrews III and James M. Kendrick, Birmingham, for appellant.
Charles A. Graddick, Atty. Gen., and Robert B. Rinehart, Asst. Atty. Gen., for appellee.
Archibald Cox was indicted for "theft in the second degree" in violation of § 13A-8-4(e), Code of Alabama 1975. The jury found the appellant guilty and he was sentenced to ten years' imprisonment in the penitentiary.
The facts of this case will be briefly stated. Jesse Earl Johnson, Jr. testified he was employed as a change-maker in the Game Room of Gardner's Tire Service on the evening of January 12, 1983. On that night, the appellant and another man were playing Pac-Man while Johnson was playing pool. At some point, Johnson looked and saw the appellant, or the man with him, break into the Pac-Man machine and remove the change box from the machine. The two men then left the Game Room with the change box which contained $525.00 worth of quarters.
I
During the State's closing argument, the following occurred "MRS. SMITHERMAN: This is a bad boy in the community.
Defense counsel asserts that the prosecutor's reference to the appellant as a "bad boy in the community" was improper and constitutes reversible error. We must agree.
It has long been established that "... the character of a defendant in a criminal case is not subject to attack by the State until the defendant has shown, or attempted to show, good character." Jones v. State, 53 Ala.App. 690, 304 So.2d 34, 37, cert. denied, 293 Ala. 761, 304 So.2d 38 (1974).
The prosecutor's remark constituted a direct attack on the character of the appellant and the remark was highly improper in light of the fact that there had been no attempt by the appellant to present evidence of his good character. We can find no support in the record for the prosecutor's statement that the appellant was "a bad boy in the community." Clearly, such improper remark constituted reversible error, contrary to the State's contention that same was harmless error.
It is difficult to imagine that one could assert that the appellant would not have been prejudiced by being referred to as a "bad boy in the community".
"... The deep tendency of human nature to punish, not because our victim is guilty this time, but because he...
To continue reading
Request your trial
-
Nicks v. State
...attempt by the State to prove bad character and the defendant had not attempted to show his good character." He relies on Cox v. State, 465 So.2d 1215 (Ala.Cr.App.1985), and Jones v. State, 53 Ala.App. 690, 304 So.2d 34, cert. denied, 293 Ala. 761, 304 So.2d 38 In considering this issue, as......
-
Ray v. State, 6 Div. 429
...that improper statements are not to be considered by them." Woods v. State, 460 So.2d 291, 295 (Ala.Cr.App.1984). Cf. Cox v. State, 465 So.2d 1215 (Ala.Cr.App.1985). IV The appellant argues that the trial court committed reversible error when the trial judge refused to allow defense counsel......