Cronnon v. State

• Court: Alabama Court of Criminal Appeals
• Writing for the Court: HARRIS
• Citation: Cronnon v. State, 56 Ala.App. 192, 320 So.2d 697 (Ala. Crim. App. 1975)
• Decision Date: 30 June 1975
• Docket Number: 7 Div. 340
• Parties: Johnny Lee CRONNON v. STATE.

Page 697

320 So.2d 697

56 Ala.App. 192

Johnny Lee CRONNON v. STATE.

7 Div. 340.

Court of Criminal Appeals of Alabama.

June 30, 1975.

Rehearing Denied July 29, 1975.

Certiorari Denied Jan. 19, 1976. See 96 S.Ct. 864.

Myron K. Allenstein, Gadsden, for appellant.

William J. Baxley, Atty. Gen., and David W. Clark, and Frank L. Thiemonge, III, Asst. Attys. Gen., for the State.

HARRIS, Judge.

Appellant was convicted of murder in the first degree and sentenced to life imprisonment in the penitentiary. At arraignment and throughout the trial, he was represented by counsel. He pleaded not guilty. After conviction he was furnished a free transcript and trial counsel represented him on appeal.

On the night of April 11, 1974, Jeanne Marie Aiello, a fifteen-year-old girl residing at 104 Oakleigh Drive, Gadsden, Alabama, was stabbed to death about ten miles north of Gadsden. Her nude body was found early the next morning lying along side Interstate 59. An autopsy was performed by Mr. Vann Pruitt, Assistant State Toxicologist in charge of the Huntsville Division. The autopsy revealed that she had been raped as spermatozoa was found in her vagina. There were fourteen (14) stab wounds mostly in the area of her breasts, and she had been struck on the head with a blunt-type instrument. According to Mr. Pruitt's opinion, the blow to her head was probably an hour prior to the stab wounds, reasoning, 'in order for the degree of swelling and hemorrhage to develop underneath the scalp with the heart beating as opposed to being postmortem.' He further described his autopsy findings:

'The body was that of a Caucasian female which measured in length 5 feet 7 1/4 inches. I estimated the weight as being approximately 175 to 185 pounds. The eyes were hazel. The hair was light brown, and it was a young person consistent with the identified 15 years of age. There were no outstanding identifying scars, tattoos or amputations of any of the extremities. The body was unclothed with the exception of a white canvas shoe which was present on the left foot, and about the neck was a gold St. Christopher's medal on a chain. The body was heavily soiled with bloodstains and debris. I made note of the following injuries to the body, and the order in which I describe these injuries does not infer that was the order that they were sustained but merely the order in which I made notes of them: injury number one consisted of a stab wound measuring one inch in its length which was located in the right shoulder two inches above the armpit. Number two was a penetrating stab type wound measuring one inch was located in the right shoulder 1 1/2 inches on the axilla, or armpit. Number three was a stab type penetrating wound measuring 1 1/4 inches in length located in the right chest 4 inches over the common horizontal line of the nipples and 5 inches to the right of the midline of the body. Number 4 was a stab type penetrating wound measuring 3/4 of an inch in its length located in the right upper chest 4 1/2 inches over the common horizontal line of the nipples and 3 inches to the right of the midline. Number 5 was a penetrating stab type wound measuring 1 inch in length located in the left chest 3 inches to the left of the midline and 5 inches above the common horizontal line of the nipples. Number 6 was a penetrating stab type wound located in the left upper chest 4 inches to the left of the midline of the body and 3 1/2 inches above the common horizontal line of the nipples.

'Q. Excuse me for interrupting, Dr. Pruitt, what is--you keep saying a penetrating stab type wound, could you give us the amount or degree of penetration we are referring to when you say these are penetrating stab type wounds? How deep, in other words, in centimeters or inches?

'A. There was some degree of variation at approximately 4 inches penetration depth being the maximum, some were more superficial than others.

'Q. You would say then that these stab type wounds you have been referring to as 4 inches would be the maximum depth?

'A. Yes, sir.

'Q. Approximately?

'A. 4 inches.

'Q. Thank you. Go ahead, I'm sorry.

'A. Wound number 7 was a penetrating stab type wound in the left chest 2 inches above the common horizontal line of the nipples and 3 inches to the left of the midline of the body. Number 8 was a superficial laceration, or cut, on the outer left forearm at the wrist. Number 9 was a laceration, or cut, on the ulnar surface of the left hand. That would be the surface on the base of the little finger, being the ulnar surface. Number 10 was a laceration, or cut, measuring 3/4 of an inch to the pad of the left thumb. Number 11 was a penetrating stab type wound on the outer surface of the right upper arm 5 inches below the peak of the shoulder. Number 12 was a penetrating stab type wound 1/2 inches in length on the back of the right upper arm 2 1/2 inches below the arm pit. Wound number 13 was a penetrating stab type wound measuring 1 inch located in the right back 1 1/4 inches to the right of the midline of the body and 1 inch above the common horizontal line of the axilla, or armpit. Number 14 was a 1 1/4 inch stab wound in the right back located 4 inches to the right of the midline and on the line of the armpit. Number 15 was a tear in the top crown of the head which measured 1 1/4 inches. There were two other superficial tears in the right side of the head, one being at the temple and the other one being in the forehead at the hairline. There were abrasions gnerally about the torso and extremities. These would conclude the wounds that I made note of as being present from the examination of the body externally.

'Q. Now, could you be a little bit more--amplify more specifically the cranial portion of the body? I am sure you examined it.

'A. Yes, sir. The laceration to the top of the head which I have described as being a 1 1/2 inch tear in the top crown of the head and two superficial tears, one being in the temple and the other being at the forehead hairline on the right side, had somewhat irregular edges with the hair follicles somewhat protruded which would tend to indicate blows sustained to the head as opposed to an injury from a bladed type instrument such as a cutting instrument. It would be of a blunt force type of trauma. It did not fracture the skull, and examination of the brain failed to show evidence of any apparent injury there. It was a blunt force trauma or blow sustained to the head.'

'The numerous stab wounds which I have described which caused injury to several major areas of the body. One, a complete severing of the subclavian artery, penetration of the right lobe, penetration of the left lobe, and penetration of the pulmonary artery of the heart, penetration of the right atrial of the heart, these would be the primary injuries resulting in extensive hemorrhage which would in my judgment would have caused death.'

Mr. Pruitt did not view the body until 12:45 P.M. on April 12. Estimated time of death was 12 hours before that time--give or take a couple of hours either way.

There were no eye witnesses to this crime and the state had to rely on circumstantial evidence. Appellant offered alibi evidence.

Around 8:55 P.M. on April 12, 1974, the stepfather of the deceased sent her to the C-Mart Grocery Store to buy a loaf of bread, some butter, and some ice cream for her and the smaller children. The C-Mart was several blocks from her home. The victim had a small black dog with a white chest and this dog went with her to the store. Across the street from the C-Mart was the Zippy-Mart. Both grocery stores were located on the Centre Highway.

At 9:15 P.M. that same night the stepfather heard a commotion outside his house and went out to investigate. He found the victim's dog chasing a neighbor's cat. He realized something was wrong as the dog had returned home alone. He got in his pick-up truck and made several trips to and from the C-Mart in search of the girl. Failing to find her, he reported her missing to the authorities.

At 9:00 P.M. that night Mr. Donovan Hawthorne drove his wife to the Zippy-Mart to do some shopping. He stayed in the car while his wife went in the store. He was asked what he observed while parked in front of the store, and he testified as follows:

'A. And we pulled up to the Zippy Mart and my wife got out and went inside. And there was this--no more than got there than this girl come walking by on the left side of us, and this little dog was following her. So, she had no more than got out--I guess got back beside of me--I quit looking at her when she got to the right side of me and I noticed the dog. And she no more than got out of sight, I imagine she had time, maybe, to get across the highway, or maybe on this side of the highway, one, and so she walked--must have went across the road or something--then about this time this car come pulling up, this white '66 Impala, two door Super Sport, with a loud muffler, and I noticed the guy got out, and he walked up in--in front of me--or across, nearly in front of me and went in the door and he had a tattoo of a naked woman on the left inside of his arm, and he was walking swinging his arms is the reason I noticed the tattoo. He was blonde headed, and his hair come down nearly almost to his shoulders. Well, he walked in--went in the front--went down in front and went over to the bookstand and turned around and looked out the window, walked back across and down in front of the counter and around toward the back and turned around and come back around to the peanut stand and picked up a bag of peanuts and bought them and come out. Well, he come out, and I thought he was going to his car. I had the kids out there so I was just turned around and paying attention to them, and I didn't hear him crank up or nothing in a little bit, and I looked and he wasn't over there. So, in the meantime, this girl and dog had came back across the road and walked down through there, and I turned my head again,...