Crews v. State, CR-91-1141

• Decision Date: 26 March 1993
• Docket Number: CR-91-1141
• Parties: Mitchell CREWS v. STATE.
• Court: Alabama Court of Criminal Appeals

Page 392

616 So.2d 392

Mitchell CREWS v. STATE.

CR-91-1141.

Court of Criminal Appeals of Alabama.

March 26, 1993.

Edith Stark, Dothan, for appellant.

James H. Evans, Atty. Gen., and Robin Blevins, Asst. Atty. Gen., for appellee.

TAYLOR, Judge.

The appellant, Mitchell Crews, was convicted of murder, a violation of § 13A-6-2, Code of Alabama 1975. He was sentenced under the Habitual Felony Offender Act to life in prison without the possibility of parole.

The state's evidence tended to show that on the evening of February 8, 1991, the appellant shot and killed Myrtice Summerset. Christine Walker, Myrtice's mother, testified that the appellant had been living in her house with her daughter. Mrs. Walker said she was watching television with her family on the evening of February 8, when there was a knock on her door. Her son, Louis, answered the door. The appellant was at the door. He said he wanted to speak with Myrtice. Myrtice and the appellant had a disagreement and Myrtice told the appellant to pack his things and to leave. Myrtice walked to the other end of the house and Mrs. Walker walked to the bathroom. Mrs. Walker testified that as she entered the bathroom, she heard three shots. She said she then walked out of the bathroom and saw Myrtice on the floor. Myrtice had been shot. After the appellant shot Myrtice, Mrs. Walker heard him say that he was going to kill all the Walkers who were in the house. Mrs. Walker ran outside to hide. Mrs. Walker stated that before the shooting she had seen the appellant on several occasions when he had been carrying a shotgun. She also testified that he had threatened Myrtice saying that if he could not have her no one could. Mrs. Walker also testified that at the time of the murder the appellant had been drinking.

Louis Walker was also present when the shooting occurred. He saw the appellant leave the house after talking with Myrtice, his sister, and return with a shotgun. Louis testified that he saw the appellant point the gun at Myrtice and shoot her in the abdomen. Louis testified that at no time did Myrtice touch the shotgun.

The appellant's sister, Mae Catherine Crews, testified that she had seen the appellant carrying the shotgun used to shoot Myrtice earlier in the evening and had told him not to take the gun to Myrtice's house because someone would get hurt. Ms. Crews also stated that the appellant had been drinking on the evening of the shooting.

Dr. Alfredo Parades, a pathologist with the Alabama Department of Forensic Sciences at its Dothan, Alabama, laboratory, performed the autopsy on the victim. He stated that the shotgun blast to the abdomen was the cause of death. As a result of that wound, the victim sustained injuries to the intestines, to the bladder and to the uterus, and the main artery supplying blood to her legs, muscle and pelvic bone.

The appellant testified in his own behalf. He stated that the shooting was an accident and that Myrtice was killed while he and she were struggling for the shotgun.

The appellant's only argument on appeal is that the state failed to establish a prima facie case of murder. "A person commits the crime of murder if ... [w]ith intent to cause the death of another person, he causes the death of that person or of another person...." § 13A-6-2, Code of Alabama 1975.

Questions concerning the sufficiency of the evidence are preserved for this court's consideration by a motion for a judgment of acquittal. Rule 20, A.R.Crim.P. The appellant in this case moved for a judgment of acquittal at the close of the state's case; however, no such motion was made at the close of all the evidence. When the trial court rules on a motion for a judgment of acquittal, the court "should consider only the evidence before the jury at the time the motion is made and must consider it in the light most favorable to the state." Ward v. State, 557...