Jackson v. State
| Decision Date | 01 October 1975 |
| Docket Number | 7 Div. 335 |
| Citation | 321 So.2d 243,56 Ala.App. 276 |
| Parties | Joe Nathan JACKSON, alias v. STATE. |
| Court | Alabama Court of Criminal Appeals |
Myron K. Allenstein, Gadsden, for appellant.
William J. Baxley, Atty. Gen., and Jack A. Blumenfeld, Asst. Atty. Gen., for the State, appellee.
The appellant was indicted in the court below for the offense of robbery and being put to trial thereon was convicted for the included offense of grand larceny and sentenced to the penitentiary for a term of ten years. From this judgment and sentence appeal is prosecuted to this court.
Tanice S. Dunn, after visiting her mother, a patient at the Baptist Memorial Hospital in Gadsden, was waiting on the sidewalk in front of the hospital when her purse which contained certain items of personal property, including prescription birth control pills, all of which exceeded the value of $5.00, was snatched from her shoulder. The prescription had been filled for Mrs. Dunn; was so identified and was found afterwards in an automobile in which appellant was riding.
The identical assignments of error relating to the search of the automobile and the admission of its contents into evidence in this case were made in another case involving the same defendant who committed another offense of purse snatching at another time near the same hospital. This latter case has been before this court on a previous occasion and decided adversely to the contentions of the appellant, therefore, no useful purpose will be served by a discussion of these assignments. Jackson v. State, 55 Ala.App. 334, 315 So.2d 131.
The single question to be resolved by this appeal is whether or not the lineup conducted by the Gadsden Police Department on the day following the commission of the offense was so suggestive and illegal as to contaminate and corrupt the mind and recollection of the victim that her intracourt identification was without independent foundation and due to be excluded from consideration of the jury. This must be determined from the totality of the surrounding circumstances. Havard v. State, 50 Ala.App. 147, 277 So.2d 421, cert. den. 291 Ala. 781, 277 So.2d 423.
To support the total weight of circumstances theory appellant submits in brief several factors which he argues indicate an unnecessarily suggestive and therefore illegal lineup. We have examined the record with great care and have concluded that the victim had abundant opportunity for establishing an independent identification of the appellant; that constitutional standards worthy of emulation were adhered to and that, as a matter of law, the motions to suppress were properly denied and the case sent to the jury.
The first three factors assigned by appellant relate to alleged disparities of exclusion of certain physical types, colors and appearances. Exhibits to the record are a complete answer to these contentions and do not lend any weight to the appellant's position.
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Henry v. State
...331 So.2d 837 (1976); Childers v. State, Ala.Cr.App., 339 So.2d 597, cert. denied, Ala., 339 So.2d 601 (1976); Jackson v. State, 56 Ala.App. 276, 321 So.2d 243 (1975); Manson v. Brathwaite, 432 U.S. 98, 97 S.Ct. 2243, 53 L.Ed.2d 140 (1977). As the corporeal identification of the appellant w......
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Manning v. State
...331 So.2d 837 (1976); Childers v. State, Ala.Cr.App., 339 So.2d 597, cert. denied, Ala., 339 So.2d 601 (1976); Jackson v. State, 56 Ala.App. 276, 321 So.2d 243 (1975); Manson v. Brathwaite, 432 U.S. 98, 97 S.Ct. 2243, 53 L.Ed.2d 140 (1977). As the corporeal identification of the appellant w......
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Tate v. State
...in-court identification of the accused is to be determined from the totality of the surrounding circumstances. Jackson v. State, 56 Ala.App. 276, 321 So.2d 243 (1975). The circumstances here show a fair and nonsuggestive line-up. The fact that there was some slight discrepancy in height doe......
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Martin v. State
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