Crutcher v. State
| Decision Date | 30 June 1975 |
| Docket Number | 8 Div. 623 |
| Citation | 316 So.2d 716,55 Ala.App. 469 |
| Parties | Thomas Earl CRUTCHER v. STATE. |
| Court | Alabama Court of Criminal Appeals |
Sullins & Davis, Huntsville, for appellant.
William J. Baxley, Atty. Gen., and Jack A. Blumenfeld, Asst. Atty. Gen., for the State, for appellee.
Robbery: sentence, ten years.
The appellant was indicted on the 4th day of April, 1974. On October 9, 1974, he made application for treatment under the Youthful Offender Act, and after an investigation, the trial judge denied the application. Trial commenced on November 18, 1974, and on November 19, 1974, the appellant was found guilty of robbery and punishment was fixed at ten years imprisonment in the penitentiary.
Judy Madison testified that she was working at the Lone Star Beverage Store in the city of Huntsville on March 11, 1974, when three individuals, including the appellant, entered the store and forced her at gunpoint and knifepoint to open the store's register. Her watch and her purse that contained two billfolds with change were taken from her. The sum of $128.00 was taken from the register. The witness stated that during the robbery, she observed one boy leave the store and return followed by third boy. She also saw one boy go to the telephone and another go to the cash register. At this time, another boy took her to the restroom and after taking her watch, pushed her in the restroom. She further stated that she could not remember the appellant's role or what either of the others did individually.
Harold Parks testified that on March 11, 1974, he was driving to a veterinarian when he saw three blacks run from the Lone Star Beverage Store and get into a car. As he turned, he also noticed that the car turned the corner rapidly. Mr. Parks then took down the license tag number of the car. On returning from the veterinarian, he saw police cars and stopped and gave the tag number to the police.
A. C. Edger, Sergeant with the Huntsville Police Department, was called as a witness for the State and testified that he investigated the robbery of the Lone Star Beverage Store. He testified that after receiving the suspicious tag number, he determined the owner of the car to be Mrs. Rosanna Hyter. Based on conversations with Mrs. Hyter and her son, James, he obtained warrants for Joseph Johnson, Ricky Beasley and Thomas Crutcher, the appellant.
On the following day, Sergeant Edger proceeded to Fayetteville, Tennessee, and located the three individuals in the county jail. Sergeant Edger's investigation revealed the fact that there were five people at the scene of the robbery. Joseph Johnson and Ricky Beasley went into the store first, each carrying guns in their possession. Johnson called the appellant from the car to the store. On entering the store, appellant was told to get the money from the cash register. All five of the individuals, even though two remained in the car, shared the money. The two who stayed in the car cooperated with Sergeant Edger, gave statements and were not charged.
Joseph Johnson then testified that he and Ricky Beasley had decided that they would rob the store and that it was not until they were in the store that Beasley requested him to summon the appellant inside. Johnson also testified that when he and Beasley drew guns, the appellant appeared startled because in the car he had not heard Johnson and Beasley making robbery plans. Johnson testified further that the appellant took the money out of the cash register and hid a gun at his sister's house. However, Johnson also stated that he thought the appellant knew that they had guns before entering the store.
Maney Garner's testimony was that she was the sister of the appellant and that she had practically raised him. Maney Garner also testified that her brother had never been in any trouble before this incident. She said she had overheard a statement by Ricky Beasley in the presence of the appellant. Ricky Beasley said to the appellant, 'Man, you didn't even know we was going to rob the place.'
Bill Thornton, employed as a probation officer, pursuant to the court's instructions investigated the appellant's background and verified that this was the first trouble in which the appellant had been involved. Robert Shipman, a criminal lawyer in Huntsville, testified on custom and practice in criminal law.
Thomas Earl Crutcher, the appellant, testified that on the afternoon of March 11, 1974, he was being transported home by the group hereinabove identified. He testified that he had no prior knowledge or intent in regard to the robbery and was only responding to the summons of a friend to enter the store. He also stated that he fully cooperated with law enforcement authorities from the first inquiry made of him.
The appellant argues that he knew nothing of the robbery and that he was merely summoned into the store by a friend, only to find a robbery taking place and was ordered by his friends to take the money from the cash register. However, the evidence establishes that the appellant did share in the fruits of the crime by taking a share of the proceeds of the robbery.
There are three essential elements of robbery: (1) felonious intent, (2) force, or putting one in fear as a means of effecting that intent, and (3) by that means, the taking and carrying away of the property of another from his person or in his presence, all these elements concurring in point of time. Tarver v. State, 53 Ala.App. 661, 303 So.2d 161 (1974). The evidence presented in the instant case is adequate to establish the essential elements of robbery. The testimony of Johnson that he and Beasley planned the robbery, coupled with the testimony of Judy Madison, the store operator who was robbed, sufficiently established that the robbery took place and that the appellant was a participant. Whether or not he willfully, knowingly and with felonious intent participated was a question of fact before the jury. It is a well-settled principle that it is for the jury to decide whether or not a person involved in a robbery had felonious intent. Root et al. v. State, 247 Ala. 514, 25 So.2d 182 (1946); Gibson v. State, 49 Ala.App. 18, 268 So.2d 49 (1972).
Title 14, § 14, Code of Alabama 1940, reads as follows:
'The distinction between an accessory before the fact and a principal, between principals in the first and second degree, in cases of felony, is abolished; and all persons concerned in the commission of a felony, whether they directly commit the act constituting the offense, or aid or abet in its commission, though not present, must hereafter be indicted, tried, and punished as principals, as in the case of misdemeanors.'
Under the evidence presented, the appellant could have been convicted as either a principal or as an accomplice pursuant to § 14, supra.
The appellant submits that the trial court erred in refusing three requested charges. Charge number 24 was as follows:
'Defendant's Charge #24: It is essential to conviction of robbery that the taking should, at time of manucaption, be with larcenous intent. If the intent were lacking as...
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...evidence establish that the defendant personally committed violence against the victim or put the victim in fear. Crutcher v. State, 55 Ala.App. 469, 316 So.2d 716 (1975)." Sanders v. State, 423 So.2d 348, 351 (Ala.Cr.App.1982). Furthermore, "[a] prima facie case of robbery in the first deg......
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...(Ala.Cr.App.1977). The appellant did not have to personally place the victim in fear or commit violence against him. Crutcher v. State, 55 Ala.App. 469, 316 So.2d 716 (1975). The appellant's presence in connection with his companionship, and his conduct at, before, and after the commission ......
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...with all three elements occurring in point of time. Baker, supra; Moore v. State, 57 Ala.App. 668, 331 So.2d 422; Crutcher v. State, 55 Ala.App. 469, 316 So.2d 716; Tarver v. State, 53 Ala.App. 661, 303 So.2d 161; Tunstill v. State, 33 Ala.App. 460, 34 So.2d 857, cert. denied, 250 Ala. 421,......
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