Helton v. State

• Decision Date: 30 June 1975
• Docket Number: 7 Div. 328
• Citation: 55 Ala.App. 428,316 So.2d 355
• Parties: James Lee HELTON, alias v. STATE.
• Court: Alabama Court of Criminal Appeals

Page 355

316 So.2d 355

55 Ala.App. 428

James Lee HELTON, alias v. STATE.

7 Div. 328.

Court of Criminal Appeals of Alabama.

June 30, 1975.

Rehearing Denied July 29, 1975.

Bill Thompson, Talladega, for appellant.

William J. Baxley, Atty. Gen. and David W. Clark, and Jane LeCroy Robbins, Asst. Attys. Gen., for the State.

TYSON, Judge.

The Grand Jury charged the appellant with the first degree murder of Joe Wheller Deerman 'by shooting him with a pistol.' The Jury's verdict found the appellant guilty as charged and fixed punishment at imprisonment in the State penitentiary for life. The trial court then pronounced judgment, setting sentence in accordance with this verdict.

Richard Roper testified that he was employed by the State Department of Toxicology and Criminal Investigation. He stated that on October 17, 1973, he examined the body of 'Pop' Deerman, the decedent in this case. He said that he found a bullet wound in decedent's chest surrounded by what he concluded were gun powder particles. Roper said he traced the bullet path through the heart and removed the mutilated bullet from the vertebral column. He stated that in his judgment the bullet was a .22 caliber. He also concluded that death resulted from hemorrhage and shock from a single gunshot wound to the chest. He stated that in his opinion the gunshot was fired at a relatively close range, within five or six feet.

Olin Green testified that he operated three service stations in the Talladega area. He said the decedent had worked for him for about two years. He said he talked to decedent about 11:40 p.m., on Tuesday, October 16, 1973, the night of the killing. Green stated that he calculated that $319.00 in cash was missing from the decedent's store. He said decedent lived in the back area of the gas station-bait shop, and that he usually closed the shop around midnight.

On cross-examination, Green stated that the decedent had poor eyesight and always wore eye-glasses. He also said that decedent kept a shotgun by his bed at the store. He said that if a stranger came to the door, decedent would customarily carry the shotgun to see who was there. Green stated that he had never seen the defendant before. He said that decedent always kept the money tray hidden in a particular corner. Green said there was no evidence of a search for the money tray. He said he saw the decedent's body; his shotgun and glasses remained by the bed. He agreed that based on his knowledge of 'Pop' Deerman and his habits, he had never heard of him going to the door at night in his undershorts, without glasses, and without his gun.

James Griffitt testified he arrived at the scene of the killing on the morning of October 17, 1973. He said the lights were on and the door unlocked, so he went inside. Griffitt stated that the time was around 6:15 a.m. He called for the decedent, and when no one answered, he went around the cash register and into the back, where he found 'Pop' Deerman lying on his side, wearing shoes, socks and undershorts which were pulled about half way down. Griffitt testified that he recognized the decedent as being dead.

Lawrence Cass testified that he arrived at the scene about the same time as Griffitt. He stated there was a 'Closed' sign on the front door of the store. He said he followed Griffitt into the store and called the Police Department after the body was discovered.

Sheriff Gene Mitchell testified that he talked to Helen Bridges later in the week. He stated that Helen Bridges took him and State Investigator Roy Riddle to the bait shop, where 'Pop' Deerman was shot, and showed them a spot just past there where a car had been stopped. He said that she next took them down a dirt road near the bait shop and pointed out a spot along the side of the road where they found a discarded money box which was introduced into evidence.

On cross-examination, Sheriff Mitchell stated that he was aware that the defendant was arrested by the F.B.I. in Ohio, and that he had a .22 caliber pistol when arrested. He said that the toxicologist determined that the pistol was not the murder weapon.

Pauline Bridges testified that she was the mother of Helen and Ellen Bridges, and had known the defendant about ten years. She said Helen, her daughter, and the defendant woke her up on the night of the killing a little after midnight. She said the defendant was carrying a shotgun and a pistol, and had a stack of bills three inches thick. She testified that the defendant said, 'I shot him.' She said it appeared that the defendant had a fresh red substance on one of his shoes.

On Voir dire, Helen Bryant Bridges testified that she had been accidentally shot three or four months previously, and that during the past five or six years she had been having problems with drinking and with her nerves. She said she had been in a mental hospital once for a brief period three or four years ago. She stated that every now and then, she had trouble remembering clearly. The court overruled defense counsel's request that Helen Bridges not be allowed to testify, leaving it up to the jury to determine what weight it would give to her testimony.

On direct examination, Helen Bridges stated that she had known the defendant for about eleven years, and that in October, 1973, he visited their house for a week or two. She said that on the night of October 16, 1973, she and the defendant Helton left her house alone sometime after dark. The defendant said he was going to Chicago and she could come along if she wanted. Helen Bridges testified that she did not know if the defendant had any money but that she did not see any. After leaving her house, they drove to Exell Nunn's house where Helton went inside and returned with a shotgun. She said they drove past the decedent's bait shop and gas station, and the defendant said, 'We are running out of gas.' She said the store had already closed, but defendant turned around and 'rolled back down in front of the store.' She said Helton left the car and went inside the bait shop. She waited five or six minutes during which time she heard no noises. Helen Bridges testified that the defendant returned with a money tray, four cartons of cigarettes, and a six pack of beer, but that he got no gas. They left and went to a dirt road where they parked, and defendant threw the money tray away. She said they drove back to her mother's house, that her mother let them in, and she got some clothes. While they were inside she saw a red spot on Helton's shoe. She stated that they left and drove to Brimingham where they spent the night in a hotel.

The next day the defendant sold the shotgun he had picked up the night before at Exell Nunn's house. Next, they drove to a used car lot. They left the lot in a new car, but she did not know if Helton paid for it. She said when they got to Indiana she saw the defendant with a pistol and a roll of money. She asked Helton where he got the money and he told her that he 'shot the son-of-a-bitch.' She said they drove to Chicago and back to Indian-apolis where Helton gave her $40.00. He told her that if the police got after them, he would kill her and himself. The defendant gave her $24.00 for a bus ticket, and she returned to Alabama on Friday after the Wednesday morning on which they left.

On cross-examination, Helen Bridges stated that she was married to Mack Bryant and also to a Wayne Wilson. She said Wilson had a 1966 Wine-colored Chevrolet. She said when she left Birmingham with the defendant, Helton, he told her that he had just escaped from the Florida State Penitentiary and that was his reason for running. She testified to her past mental history as she had on Voir dire.

Oneal Kerns testified that he was a used car lot manager at Gateway Motors in Birmingham. He said that on the morning of October 17, 1973, the defendant stole a Camaro from his lot and left a 1965 red Chevrolet.

Exell Nunn testified that the defendant and Helen Bridges came to her house in Talladega about 9:00 p.m. on the night of October 16. She stated that they left around midnight.

The appellant's motion to exclude the State's evidence was overruled.

The defense produced four witnesses who testified that Pauline and Helen Bridges had bad general reputations in the community, that their reputations for truth and veracity were bad, and that they would not believe them under oath.

Two of these witnesses, Mr. and Mrs. Jere Ferrell testified that they lived next door to the bait shop. Each heard the sound of a car horn coming from the direction of the bait shot late the night of 'Pop' Deerman's death, but neither heard a gunshot.

Ralph New testified that he was married to Helen Bridges' sister, Ellen. He said he drove by 'Pop' Deerman's bait shot on the night of the killing at about 11:30 p.m., and saw a red Chevrolet parked out front. He turned around and drove back to the store. He saw a man walking from the store to the car and recognized him as Wayne Wilson, whom he had known all his life. He saw Ellen Ruth Bridges, Helen Bridges, and Louise Freeman sitting in the car. New stated that he followed the car to the Bridges' house. At this point, defense counsel asked the witness what Wayne Wilson had told him about 'Pop' Deerman's death, and the State objected. The objection was sustained on the basis that the offered testimony constituted hearsay. From the record:

QUESTION BY DEFENSE: 'Yes, sir, now, Mr. New, on this occasion when you were talking with Wayne Wilson, a few days after Pop Deerman's body was found I want you to tell the jury what was said when it came over the radio Pop Deerman was shot sometime early in the morning.

'MR. HOLLINGSWORTH: That is rank hearsay, Judge, we object to that.

'THE COURT: Sustained.'

On cross-examination, New testified that when he saw Wayne Wilson walking from the bait shop to the car on the night of the killing, Wilson was not carrying a cash tray. He also stated that the red Chevrolet with Wilson and the...