Garrison v. State, 3 Div. 918
| Decision Date | 05 June 1979 |
| Docket Number | 3 Div. 918 |
| Citation | 372 So.2d 55 |
| Parties | John Archie GARRISON v. STATE. |
| Court | Alabama Court of Criminal Appeals |
Delores R. Boyd, Montgomery, for appellant.
Charles A. Graddick, Atty. Gen., and Willis E. Isaac, Asst. Atty. Gen., for the State, appellee.
Appellant was convicted of robbery and sentenced to imprisonment in the penitentiary for ten years. Throughout the trial proceedings he was represented by counsel of his choice and at arraignment pleaded not guilty and not guilty by reason of insanity. Trial counsel represents him on this appeal.
Omitting the formal parts the indictment reads as follows:
"The Grand Jury charge that, before the finding of this indictment, John Archie Garrison, whose name is to the Grand Jury otherwise unknown, feloniously took $20.40 in lawful currency or coinage, or currency and coinage of the United States of America, a better description of which is unknown to the Grand Jury, of the value of $20.00; one purse, a better description of which is unknown to the Grand Jury, of the value of $8.00; all of the aggregate value of $28.00, the property of Sister Patricia Normanly, from her person, and against her will, by violence to her person, or by putting her in such fear as unwillingly to part with the same, against the peace and dignity of the State of Alabama."
Some time after midday on Friday, February 24, 1978, Sister Patricia Normanly left Loveman's in the Normandale Shopping Center, Montgomery, Alabama, and was walking through the Arcade to her car parked in the rear of the shopping center. As she was walking she was approached from the rear by someone and felt this person pulling on her arm. It was a very cold day and she was wearing a coat that was buttoned. Her purse was partly inside her coat and she had her hand on it. The pulling on her arm frightened her and she "tensed up" and immediately the assailant twisted her shoulders, struck and pushed her. She fell against the brick wall and then on the walkway. She thought she had her pocketbook with her after she was caused to fall but she was more concerned about her injuries and what caused them than she was about her pocketbook. She sustained a gash, cut or laceration on the top of her head which required eight sutures to close, in the emergency room at St. Margaret's Hospital. She also had a badly skinned knee. After she was hit, mauled, pushed into the wall, and fell on the walkway, she screamed. Several people came to her aid. She never saw her assailant, but she saw a person go through the gateway after she fell.
She further testified that she remembered putting two ten dollar bills in her pocketbook that morning and she had some one dollar bills. She bought the pocketbook at Loveman's and paid $7.50 or $8.00 for it. At trial, she identified her pocketbook which was recovered from appellant.
Mr. Roy Burroughs was employed by Zale's Jewelers on the date of the robbery. He heard a woman scream and he ran to an alleyway across from Zale's and saw a black male running. He gave chase and lost sight of the man at the end of the alley. At that point he heard a car start and he jumped upon a brick wall and saw the car leaving the parking area. He got the tag number of the fleeing automobile. The tag number was BGA-309. When he returned to Zale's, he wrote the tag number on a piece of paper and a female employee of Zale's called the police. When the officers arrived, he gave them the piece of paper with the tag number on it. He identified State's Exhibit 1 as a photograph of the automobile he saw leaving the parking area. He also identified a photograph of the place where the victim was lying on the sidewalk as he passed her, when he was in pursuit of the man he saw running. The photograph of the automobile was introduced into evidence over appellant's objection that it did not accurately portray the entire car. The photograph clearly showed the tag number BGA-309.
On November 24, 1978, Police Officer Ed Alford was assigned to the Robbery Detail, and he participated in the investigation of the robbery at the Normandale Shopping Center. When the officers arrived at the Arcade in the Normandale Shopping Center they saw the victim who had received medical treatment from the paramedics. They interviewed witnesses and got the tag number of the fleeing car. The tag number was traced to a person living at 210 Martin Patton Avenue. He identified State's Exhibit 1 as a photo of a yellow Pinto automobile which had been used after the commission of this offense. This car was registered in the name of Wilbur Garrison. They went to 210 Martin Patton Avenue and saw a yellow Pinto which had been backed into the driveway. Officer Alford went to the front door at this address and knocked on the door while Detective Wilson and uniformed Officer Shirley went to the rear of the house. An elderly woman came to the front door and Officer Alford identified himself as a police officer and asked her who owned the car parked in the driveway. She told him the car belonged to Wilbur Garrison but he was not at home. He asked her who had just parked the car there and she replied that John Archie Garrison had parked the car. He asked the woman if John Archie was home and she stated he was and invited him in the house. Officer Alford entered the house and was met by a young black male whom he searched for weapons. He asked appellant if he knew why the officers were there and he replied, "I am sorry, that's the first time I've ever snatched a purse and I didn't mean to hurt the lady." Officer Alford then gave appellant the Miranda rights and warnings, and handcuffed him. Officer Alford stated no threats, promises, or other inducements were made or held out to appellant to get him to make a statement.
Alford further testified that appellant produced the clothing he was wearing on that occasion and showed the officers where he had hidden the pocketbook under the house. They recovered the pocketbook and as they were about to leave the house appellant told them he had removed the money from the pocketbook and hid it under a sofa pillow in the living room. Alford told appellant's grandmother that appellant told them the money was under a sofa pillow in the living room. She stated she did not want any part of it and if it was there to get it out of her house. Alford then picked up the sofa pillow and found a wad of money and placed it in his badge case. State's Exhibit 7, a photograph depicting the sofa where the money was found, was introduced into evidence without objection.
Detective J. T. Roy also took part in the investigation of this crime and he was present when appellant showed them where he hid the purse and it was recovered by Officer Roy.
Officer Alford and Detective Wilson escorted appellant to police headquarters. In the car on the way to the station house Detective Wilson again advised appellant of his constitutional rights. When they arrived at the station house appellant was turned over to Detective J. T. Roy. The time was between 1:30 and 2:00 p. m. Appellant signed a waiver of rights form and made a confessory statement.
An extensive voir dire hearing was held out of the presence and hearing of the jury to determine the voluntariness of the waiver of rights form and the confessory statement. The proper predicate was laid showing that no threats were made to appellant, and no promises, coercion, hope or reward, or other inducements were made or held out to him to get him to execute the waiver form or to sign the confessory statement. At the conclusion of this hearing the court ruled that appellant voluntarily, and with full knowledge of his constitutional rights, freely signed both documents.
The waiver of rights form is as follows:
/s/ J. T. Roy, Sr.
/s/ J. T. Roy, Sr.
____________________
____________________"
The confessory statement is as follows:
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