Jackson v. State
Decision Date | 21 August 1992 |
Docket Number | 4 Div. 388 |
Citation | 640 So.2d 1025 |
Parties | Willie Simmons JACKSON, alias Willie S. Jackson, alias Billy Boy Jackson v. STATE. |
Court | Alabama Court of Criminal Appeals |
Paul Young, Enterprise, and Jackson W. Stokes, Elba, for appellant.
James H. Evans, Atty. Gen., and Cecil G. Brendle and Sandra J. Stewart, Asst. Attys. Gen., for appellee.
The appellant was charged in a 10-count indictment with capital murder, in violation of § 13A-5-40(a)(2), Code of Alabama 1975; four counts of forgery in the second degree, in violation of § 13A-9-3, Code of Alabama 1975; and four counts of possession of a forged instrument in the second degree, in violation of § 13A-9-6, Code of Alabama 1975. Following his trial, the appellant was convicted of the capital offense of murder during a robbery and four counts of forgery in the second degree. Following the sentencing hearing before the jury, the jury recommended a sentence of life imprisonment without parole, by a vote of seven to five. A separate sentencing hearing was then held before a judge, and the appellant was sentenced to 4 consecutive 15-year terms for the forgery convictions, and the judge, overriding the jury's recommendation, sentenced the appellant to death for his capital murder conviction.
In his sentencing order, the trial judge included the following facts:
The appellant argues that the trial court erred in failing to exclude the State's evidence at the close of its case-in-chief, because, he says, the State failed to present sufficient evidence to prove every element of the offenses charged. The appellant also alleges as error the trial court's use of the word "scintilla," in denying the appellant's motion for judgment of acquittal. These allegations raised by the appellant will be addressed as three subissues: whether sufficient evidence was presented to sustain the appellant's capital murder conviction; whether sufficient evidence was presented to sustain the appellant's forgery convictions; and whether the trial court's use of the word "scintilla" constituted reversible error.
The appellant argues that the evidence presented by the State did not sufficiently link him to the commission of the capital murder. The record indicates that, before resting its case, the State presented evidence concerning the facts surrounding the victim's death, including the theft of certain checks and cash and the cause of his death. The State also introduced into evidence the appellant's statement, in which he confessed to having committed the offense and stated the details of the act. The State presented evidence, through the testimony of the victim's son and a bank employee, that the appellant was not authorized to write checks on the victim's account. Evidence was also introduced that only three parties were so authorized. The bank employee also testified that he recognized the signature on one of the checks cashed by the appellant as a forgery and that he had compared the signature on that check to the authorized signatures on the signature card related to the account on which the check was written, which was kept by the bank. The State also presented testimony from an employee of Hardee's restaurant that she had accepted one of these forged checks in the amount of $20, which was more than the amount of the purchase, from the appellant. She was also present when the appellant presented another check for payment in an amount over the purchase price at the restaurant. Four checks were cashed by the appellant at Hardee's restaurant. The witness further testified that she deposited the four forged checks, each made out to "Hardee's" for $20. She testified that the appellant was a regular customer and that he appeared to be in a hurry when he presented the check to her on the day of the offense. An examiner of latent fingerprints testified that she examined the four checks and compared them to the appellant's fingerprint card from the Coffee County jail, and that she found latent prints belonging to the appellant on three of the four forged checks. Moreover, the State presented evidence that a partially burned checkbook was found at the appellant's residence.
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