Harrison v. State, 7 Div. 707
| Court | Alabama Court of Criminal Appeals |
| Writing for the Court | BOOKOUT |
| Citation | 384 So.2d 641 |
| Parties | Willie Claude HARRISON, alias v. STATE. |
| Docket Number | 7 Div. 707 |
| Decision Date | 27 May 1980 |
Page 641
v.
STATE.
G. Coke Williams of Williams, Williams & Norton, Anniston, for appellant.
Charles A. Graddick, Atty. Gen., and Joseph G. L. Marston, III, Asst. Atty. Gen., for appellee.
BOOKOUT, Judge.
Violation of Alabama Child Abuse Act; sentence: seven years imprisonment.
The State's evidence was sufficient to support a finding that during the mid-morning hours of November 27, 1978, the appellant, under the pretense of bathing two-year-old Kristy Lynn Reaves, abused her by placing her in scalding water. The
Page 642
child suffered second degree and possibly third degree burns on her feet, legs, and buttocks. She was treated at a local hospital in Anniston for about forty-eight hours and then transferred to the Shrine Burn Hospital in Cincinnati, Ohio, for further treatment.The child's mother, Patricia Green, testified that she and her children were living with the appellant at his father's mobile home. She stated that on the morning of the incident she was awakened by the appellant and asked him the whereabouts of her daughter. The appellant told her that he was bathing the child and would finish without her assistance. Mrs. Green heard the child scream and attempted to enter the bathroom where the child and the appellant were, but was restrained by the appellant who stated that he would take care of the situation. The appellant stated that he needed no help and sent Mrs. Green to the living room. Shortly thereafter the appellant entered the living room with the child. Mrs. Green inquired as to why the child had no shoes on. The appellant replied that the mother did not want to see, but she insisted. The child exclaimed, "Mommie, feet hurt." Mrs. Green took the child, removed her socks, and discovered her feet had been burned. Within thirty to forty-five minutes of this discovery, the child was taken to a local hospital for treatment. Mrs. Green testified that while en route to the hospital the appellant threatened to harm both her and her other child if she connected him with the incident.
While at the hospital, Mrs. Green told Calhoun Deputy Sheriff M. L. Kirby that she had been bathing the child, and the child had accidentally turned on the hot water. Mrs. Green stated that she initially gave that version of the incident because she feared harm to herself and to her son who was still at the appellant's residence.
Calhoun Deputy Sheriff Larry Amerson testified that upon arriving at the hospital with his partner, Deputy Sheriff Kirby, around 12:50 p. m. they talked to Mrs. Green. Deputy Amerson stated that he took some photographs of the child and then, with Deputy Kirby, talked to the appellant.
On voir dire examination, Deputy Amerson stated that at the hospital Deputy Kirby read the appellant his Miranda rights and asked him to go downtown and make a statement. Amerson said this was done because the appellant had been present at the scene of the incident. At their office the appellant was again advised of his rights. The appellant signed a waiver of rights form and then made a statement which, while not incriminating, placed him with the child in the bathroom. After the proper voluntariness predicate was laid, the statement was admitted into evidence.
Appellant's sister, Kathy Harrison, testified that around 11:00 a. m. on November 27 she was...
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Jackson v. State, 6 Div. 767
...indictment which closely parallels the language of the statute creating the offense is generally valid. Harrison v. State, Ala.Crim.App., 384 So.2d 641 "Pursuant to § 15-8-25 Code of Alabama 1975, an indictment must state the facts constituting the offense, in ordinary and concise language,......
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Calhoun v. State, CR-00-0002.
...the disjunctive the State failed to notify him of the offense for which he was charged. Calhoun cites the cases of Harrison v. State, 384 So.2d 641 (Ala.Crim.App.1980), and Andrews v. State, 344 So.2d 533 (Ala.Crim.App.), cert. denied, 344 So.2d 538 (Ala.1977), in support of this In Harriso......
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Nance v. State, 4 Div. 967
...prosecution for the same offense. United States v. Simmons, 96 U.S. 360, 24 L.Ed. 819 (1877)." This court's case of Harrison v. State, 384 So.2d 641, 643 (Ala.Cr.App.1980), also addressed the requirements of a valid "If there is no indictment form for an offense set out in Code § 15-8-150, ......
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Reese v. State, 6 Div. 726
...offense is generally valid; Matthews v. State, 401 So.2d 241 (Ala.Cr.App.), cert. denied, 401 So.2d 248 (Ala.1981); Harrison v. State, 384 So.2d 641 (Ala.Cr.App.1980). It is sufficient in an indictment to charge the elements of a statutory offense in the words of the statute. Gayden v. Stat......
-
Jackson v. State, 6 Div. 767
...indictment which closely parallels the language of the statute creating the offense is generally valid. Harrison v. State, Ala.Crim.App., 384 So.2d 641 "Pursuant to § 15-8-25 Code of Alabama 1975, an indictment must state the facts constituting the offense, in ordinary and concise language,......
-
Calhoun v. State, CR-00-0002.
...the disjunctive the State failed to notify him of the offense for which he was charged. Calhoun cites the cases of Harrison v. State, 384 So.2d 641 (Ala.Crim.App.1980), and Andrews v. State, 344 So.2d 533 (Ala.Crim.App.), cert. denied, 344 So.2d 538 (Ala.1977), in support of this In Harriso......
-
Nance v. State, 4 Div. 967
...prosecution for the same offense. United States v. Simmons, 96 U.S. 360, 24 L.Ed. 819 (1877)." This court's case of Harrison v. State, 384 So.2d 641, 643 (Ala.Cr.App.1980), also addressed the requirements of a valid "If there is no indictment form for an offense set out in Code § 15-8-150, ......
-
Reese v. State, 6 Div. 726
...offense is generally valid; Matthews v. State, 401 So.2d 241 (Ala.Cr.App.), cert. denied, 401 So.2d 248 (Ala.1981); Harrison v. State, 384 So.2d 641 (Ala.Cr.App.1980). It is sufficient in an indictment to charge the elements of a statutory offense in the words of the statute. Gayden v. Stat......