Davis v. State, 6 Div. 194
Decision Date | 12 October 1976 |
Docket Number | 6 Div. 194 |
Citation | 338 So.2d 507 |
Parties | Willis Jack DAVIS v. STATE. |
Court | Alabama Court of Criminal Appeals |
Fite, Davis & Fite, Hamilton, for appellant.
William J. Baxley, Atty. Gen., and Milton C. Davis, Asst. Atty. Gen., for the State.
Appellant was indicted by the Grand Jury of Marion County, Alabama, for the first degree murder of Charles Woodrow Pharr, by shooting him with a rifle. The jury returned a verdict of guilty of manslaughter in the first degree and fixed appellant's punishment at ten years in the penitentiary.
Upon appeal two issues were raised by the appellant. The first being whether or not the trial court erred in granting the State's challenge for cause of a member of the venire because of his opinion concerning penitentiary confinement and the second being whether or not the trial court erred in allowing into evidence two gruesome pictures of the deceased taken at the scene of the crime, the appellant having stipulated that on the date of the death, appellant did in fact shoot the decedent with a rifle; that he fired three times, and that each of the three bullets entered the body of Woodrow Pharr and caused his death.
With regard to the first issue which concerns the granting of the State's challenge for cause of the venireman, Roy Clay, the following occurred:
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Warrick v. State
...320 (Ala.Crim.App.), cert. denied, 365 So.2d 322 (Ala.1978); Ellenburg v. State, 353 So.2d 810 (Ala.Crim.App.1977); Davis v. State, 338 So.2d 507 (Ala.Crim.App.1976). The fact that a photo is gruesome and ghastly, if it has some relevancy to the proceeding, is no reason to exclude its admis......
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Hines v. State, 6 Div. 169
...constitute cumulative evidence based upon an undisputed matter. Ellenburg v. State, 353 So.2d 810 (Ala.Cr.App.1977); Davis v. State, 338 So.2d 507 (Ala.Cr.App.1976). The pictures objected to were merely three different views of the body of the deceased as he was found in the alley. Though s......
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