Holsclaw v. State
Decision Date | 25 July 1978 |
Docket Number | 8 Div. 18 |
Parties | Michael HOLSCLAW v. STATE. |
Court | Alabama Court of Criminal Appeals |
Richard Chesnut of Watson, Moore & Chesnut, Huntsville, for appellant.
William J. Baxley, Atty. Gen. and James F. Hampton, Asst. Atty. Gen., for the State, appellee.
The indictment in this case charged the appellant with having "forcibly ravished Patricia Harper." The jury returned a verdict of guilty of the lesser included offense of assault with intent to ravish. Thereafter, the trial judge set sentence at fifteen years imprisonment in the penitentiary. Appellant's timely motion for a mistrial was overruled.
From the evidence presented by the State at trial, it appeared that the following events transpired in Madison County, Alabama, on the night of May 24th and 25th, 1977:
About 11:00 p. m., Patricia Harper went to a local bar in Huntsville where she met one Michael Hand. Mr. Hand invited Mrs. Harper to smoke some marijuana with him, and the two of them went outside to the parking lot. There Mr. Hand introduced Mrs. Harper to the appellant. The group of three decided to take Mrs. Harper's automobile to the appellant's home. On the way one marijuana cigarette was smoked by the three of them. Mrs. Harper examined the appellant's driver's license before allowing him to drive her automobile and recalled his name and age. Near Monte Sano Boulevard,
the appellant turned right off the main road onto a gravel road and drove a few hundred yards, then stopped. The appellant got out of the driver's side of the automobile and told Mrs. Harper to get out of the passenger's side. The two of them walked away from the automobile to the rear while Mr. Hand remained in the back seat. Shortly later, Mr. Hand heard screams and went to investigate. He found Mrs. Harper sprawled on the ground with the appellant standing over her. Mrs. Harper claimed that the appellant had tried to strangle her. Mrs. Harper testified that the appellant raped her. The appellant drove away in Mrs. Harper's automobile, leaving Mr. Hand and Mrs. Harper. The two of them managed to flag down a passing motorist who subsequently delivered them to the police. Examination of Mrs. Harper at Redstone Arsenal Hospital resulted in a negative finding in a test for the presence of spermatozoa, but a more sensitive test for the presence of acid phosphatase, an element of male seminal fluid, yielded positive results which indicated probable coitus within twenty-four to forty-eight hours of examination.
At trial the State was allowed to introduce twelve police photographs of six people which had been used by the arresting officer, Bell, in obtaining an identification of the appellant from Mrs. Harper and Mr. Hand. Several days after the incident, both witnesses identified photographs of the appellant as being one of the group of six suspects. The photographs of the appellant depicted the subject in the standard profile and frontal views. Hanging from the appellant's neck was a placard bearing the following words and numbers (R. p. 125):
POLICE DEPARTMENT
HUNTSVILLE, ALABAMA
1 - 13 - 75
When the State offered the photographs into evidence, the defense objected as follows (R. p. 75):
Subsequently the defense amended its ground of objection to the photographs (R. p. 82):
These photographs were admitted into evidence notwithstanding the fact that there was a prior positive in-court identification of the appellant by both Mrs. Harper and Mr. Hand. We note specifically that both of these identifications appeared to be especially reliable since Mr. Hand had previously known the appellant and Mrs. Harper had examined the appellant's driver's license just prior to the incident.
On further examination of arresting Officer Bell, the State went into an oral statement made by the appellant to Officer Bell after Miranda warnings had been given. On voir dire examination, out of the presence of the jury, defense counsel elicited the following testimony from Officer Bell relating to the appellant's statement (R. p. 78):
After the jury was recalled to the courtroom, Officer Bell restated the substance of the appellant's statement. At this point, defense counsel stated (R. p. 80):
On this appeal the appellant asserts that the trial court erred in admitting the "mug shots" or "rogue's gallery" photographs of the appellant and in allowing the above-quoted testimony into evidence concerning the appellant's statement. After careful examination of the record in this case and the applicable law, we conclude that the errors complained of did injuriously affect the substantial rights of the appellant. Accordingly, for the reasons hereinafter expressed, we reverse and remand the case to the trial court for a new trial.
On appeal the State asserts that the "mug shots" of the appellant were admissible under the so-called "identity exception" to the general rule that evidence of collateral offenses is inadmissible at trial of another unrelated offense. We do not agree.
In Scott v. State, Ala.Cr.App., 353 So.2d 36 (1977), this Court followed the applicable rule expressed by the Supreme Court of Alabama in Williams v. State, Ala.Sup., 350 So.2d 708. In that case the Supreme Court, per Mr. Justice Faulkner, stated:
In the instant case, the appellant, not having taken the stand and having been identified positively in court by two witnesses, did not place his identity in issue. It follows, therefrom, that the "identity exception" relied upon by the State in asserting the photographs' admissibility is inapposite here.
The appellant also relies upon the case of United...
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Webb v. State
...because they depict an accused in a manner which allows a jury to infer that the accused has a prior criminal record, Holsclaw v. State, 364 So.2d 378 (Ala.Cr.App.), cert. denied, Ex parte State ex rel. Attorney General, 364 So.2d 382 (Ala. 1978). Yet, in an escape prosecution, the jury is ......
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Townes v. State
...451 So.2d 389 (Ala.Crim.App.1984) ; Gross v. State, supra; Williamson v. State, 384 So.2d 1224 (Ala.Crim.App.1980) ; Holsclaw v. State, 364 So.2d 378 (Ala.Crim.App.1978) ; but seeBrown v. State, 229 Ala. 58, 155 So. 358 (1934) (fact that defendant was in jail when photograph was taken did n......
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Shanklin v. State
...use at trial of 'mug shot' ... photographs." Carlisle v. State, 371 So. 2d 975, 978 (Ala. Crim. App. 1979) (citing Holsclaw v. State, 364 So. 2d 378 (Ala. Crim. App. 1978)); see also McNabb v. State, 887 So. 2d 929, 972-73 (Ala. Crim. App. 2001). The danger of admitting such photographs is ......
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Parker v. State
...was not objectionable as a "mug shot." "The photograph presently before the court is vastly different from those in Holsclaw [v. State, 364 So.2d 378 (Ala.Cr.App.), cert. denied, 364 So.2d 382 (Ala.1978) ] and [United States v.] Harrington [490 F.2d 487 (2d Cir.1973) ]. In each of those cas......