Hines v. State, 1 Div. 556

• Decision Date: 25 March 1954
• Docket Number: 1 Div. 556
• Citation: 72 So.2d 296,260 Ala. 668
• Parties: HINES v. STATE.
• Court: Alabama Supreme Court

Page 296

72 So.2d 296

260 Ala. 668

HINES v. STATE.

1 Div. 556.

Supreme Court of Alabama.

March 25, 1954.

Rehearing Denied May 13, 1954.

James R. Owen, Bay Minette, for appellant.

Si Garrett, Atty. Gen., Arthur Joe Grant, Asst. Atty. Gen., for the state.

SIMPSON, Justice.

The appeal is from a conviction of murder in the second degree and the imposition of twenty-five years imprisonment in the State penitentiary.

The defendant was charged with the murder of one Lesley Gee, who was last seen on the night of September 5, 1952. What were identified as his decomposed remains were found October 17, 1952, in a wooded area at the rear of defendant's premises about 461 feet from the back door of his house. The skull was in a cleared space (apparently made by vultures and hogs) some distance from the trunk, which was still in its clothing and was suspended on briars and gallberry bushes. Witnesses testified that the clothing containing the trunk of the skeleton was the apparel deceased was wearing on the night of his disappearance. This clothing and other articles of personal property of Gee, such as shoes, a flashlight and hat found at the scene, aided in identifying the remains as those of Lesley Gee.

The Assistant State Toxicologist, Mr. Grubbs, took three photographs the day the body was discovered and these were introduced as State's Exhibits 1, 2 and 3. Exhibit 1 depicted the area where the remains were found, Exhibit 2 showed the skull as located in the clearing when found, and Exhibit 3 showed the assembled skeleton and the shoes and clothing. It is seriously argued that reversible error was committed in allowing the introduction of these photographs.

When the discovery was made the defendant was arrested and later admitted to various witnesses that Gee had visited his home the night of his disappearance (September 5th); that after an argument between Gee and the defendant's wife deceased attacked defendant with a knife and he then shot the deceased with a 22 rifle; that deceased 'slumped down' and then ran out the back door and that he had not seen him since. He and his wife testified that they did not know of his body being in the vicinity of their home and had not noticed any disagreeable odor or the flight of any buzzards over the area. Defendant also admitted to witnesses that he went to Pensacola the following day and disposed of the rifle. Bloodstains which the toxicologist testified were human blood were found on the floor of the kitchen where defendant admitted he had shot Gee.

Of course, in every criminal prosecution the State must show beyond a reasonable doubt that a crime has been committed. Winslow v. State, 76 Ala. 42.

And before it will consider who perpetrated the crime, the court must first be convinced, at least prima facie, that an offense has been committed. DeSilvey v. State, 245 Ala. 163, 16 So.2d 183.

Also the corpus delicti must be established before evidence of any confession of the defendant is admissible. Johnson v. State, 142 Ala. 1, 37 So. 937.

These governing rules were complied with in the present case. As has been previously pointed out by this court in many cases, the corpus delicti is a fact, proof of which may be established by circumstantial evidence, and if there is a reasonable inference to prove its existence the court should submit to the jury for consideration the question of the sufficiency and the weight of the evidence tending to support that inference. On the night of the deceased's fatal disappearance, he was seen in close proximity to and going in the direction of the defendant's home by a neighbor who lived about 200 yards away. Defendant's wife testified that the deceased came to their house on the night of his disappearance and of an argument which ensued between the two men when deceased drew his knife on the defendant, at which juncture she ran out of the house. The toxicologist testified that the bloodstains on the floor of the defendant's kitchen, the room in which the difficulty took place, were of the same type blood as that on Gee's shirt which was found with his remains at the scene of the discovery. This evidence, together with the mysterious disappearance of Gee and the finding of what were identified as his remains in the vicinity of the defendant's home afforded at least an inference that he had met with foul play of some kind which caused his death and sufficiently proved the corpus delicti. DeSilvey v. State, supra. The confession of the defendant, therefore, was admitted without error.

We are unwilling to pronounce error in the admission in evidence of the photographs. The pertinent rule was thus stated by the court, speaking through the late Mr. Justice Brown, in McKee v. State, 253 Ala. 235, 237-238, 44 So.2d 781, 783:

'* * * the art of photography is generally relied on for depicting the resemblance of persons, objects, things and places and when verified by evidence, extrinsic of the photographs, going to show that they correctly depict the thing or object at the time they were taken, photographs are admissible in evidence in a criminal prosecution, if they tend to shed light on, strengthen or illustrate the truth of other testimony offered by the prosecution. * * *

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'Courts and juries cannot be too squeamish about looking at unpleasant things, objects or circumstances in proceedings to enforce the law and especially if truth is on trial. The mere fact that an item of evidence is gruesome or revolting, if it sheds light on, strengthens or gives...