James v. State

• Decision Date: 31 August 1976
• Docket Number: 2 Div. 142
• Parties: Lewis JAMES v. STATE.
• Court: Alabama Court of Criminal Appeals

Page 1332

337 So.2d 1332

Lewis JAMES v. STATE.

2 Div. 142.

Court of Criminal Appeals of Alabama.

Aug. 31, 1976.

Rehearing Denied Oct. 5, 1976.

Drake & Knowles, University, for appellant.

William J. Baxley, Atty. Gen., G. Daniel Evans, Asst. Atty. Gen., for the State.

TYSON, Judge.

The appellant was indicted for the first degree murder of Taylor Oates, Jr., by 'stabbing him with a knife.' At trial the appellant was found guilty of first degree manslaughter, and his punishment was fixed at ten years imprisonment. The trial court then entered judgment in accordance with this verdict. The appellant's motion for new trial was overruled following a hearing thereon.

The incident giving rise to this indictment took place on the evening of September 23, 1974, in a field beside what used to be Brent Elementary School, but new serves as the community recreational center (R. 122).

The State's first witness, Robert Lee Moseley, Jr., testified that he was present at the old Brent School on the night in question. He stated that he saw the appellant and the now deceased, Taylor Oates, Jr., engaged in an argument, but because he was some distance from them, he could not hear much of their heated conversation. Robert Lee Moseley did testify that he saw the appellant and Oates 'passing a few licks,' and that subsequently Oates turned and began walking away from the appellant. The witness stated that the appellant began following Oates, and that Oates warned the appellant 'if he kept following him he was going to whip his ass' (R. 73). Moseley said that the argument flared up again and that Oates broke off the argument once more by turning and walking away from the appellant. The witness testified that the appellant then threw a beer can at Oates and once again an argument began. Moseley stated that it was during this confrontation that the appellant stabbed Oates (R. 73). Moseley testified that Oates, after being stabbed, walked over to his car where he and several others then took Oates to the Bibb County Hospital (R. 75). Moseley stated that Oates could not get treatment at the hospital, therefore he requested that an ambulance be called to take Oates to Druid City Hospital in Tuscaloosa, Alabama. Moseley stated that the ambulance arrived about twenty-five minutes later.

James Hill testified that he also witnessed the argument between the appellant and Oates (R. 91). Hill stated he could not hear everything that was said, but did testify that he heard Oates tell the appellant, just before Oates was stabbed, that 'I ain't got nothing in my pockets but a set of keys' (R. 98). Although Hill testified that he saw the appellant 'strike him (Oates) in the chest,' he did not realize that Oates had been stabbed until Oates walked up to Robert Moseley's car (R. 95, 97). Hill testified that they first took Oates 'down by his mother's house,' then to Bibb County Hospital. Hill stated that when they arrived 'about three of us' told the attending nurse to call an ambulance. Hill stated he was not sure that anyone even informed the nurse of Oates' condition, or requested treatment for him at the Bibb County Hospital (R. 101, 102).

Henry Steven Levert testified that he was employed for the Bibb County Ambulance Service. Levert stated he received a call from the Bibb County Hospital, and arrived at the hospital about five minutes later (R. 108). He stated that Oates' sister accompanied him on the trip to Druid City Hospital in Tuscaloosa which took about twenty-five minutes. Levert testified that Oates died before they arrived at Druid City Hospital near 'the turn-off on McFarland Boulevard' in Tuscaloosa (R. 109).

Mille Oates, sister of deceased, testified that she did not see her brother until after he was stabbed when she was picked up by the group that took her brother to the hospital. The witness testified that she rode with her brother in the ambulance to Tuscaloosa. She stated that she did not recall anyone requesting treatment for her brother at Bibb County Hospital (R. 117).

Sheriff Jack Lee testified he conducted the investigation of the stabbing death of Taylor Oates, Jr. He stated that there were blood stains on the ground where the stabbing took place. Sheriff Lee stated he also examined the body of the deceased at Druid City Hospital in Tuscaloosa and interrogated several witnesses that were present there (R. 124).

Dr. Richard Roper of the Alabama Department of Toxicology and Criminal Investigation

testified he conducted a post-mortem examination on the body of Taylor Oates, Jr., at Lee's Funeral Home in Marion, Alabama. He described the fatal wound as 'a very clean cut wedge-shaped wound which measured seven-eights of an inch in length in the upper right chest, immediately below the collar bone' (R. 128). Dr. Roper stated that in his opinion the wound was made with a knife, or a knife like object, and he determined that Taylor Oates, Jr.'s 'death resulted from hemorrhage and shock, resulting from a stab wound to the chest in which the right subclavian artery was lacerated' (R. 132).

Appellant's first witness was Bessie Wallace, an L.P.N. at Bibb County Hospital. She testified that she was on duty the night Taylor Oates, Jr., was stabbed. She stated that a group of people came into the hospital that night and asked her if a doctor was on duty. The witness testified that she told them that no physician was on duty at the time, but Dr. Owning was on the way to the hospital to treat two patients previously admitted to the emergency room. Mrs. Wallace testified that someone requested her to call an ambulance, but she instructed them to go over to the nurses' station and ask someone there to call for them. Mrs. Wallace stated she never saw Oates, nor was she ever informed that he was outside the hospital, bleeding severely (R. 153). Mrs. Wallace testified that after they left and went to the nurses' station to call an ambulance, she never saw them again (R. 156).

The appellant then called Van Harris, a friend of the appellant for about seven years, and a life-long friend of the deceased, Taylor Oates. Van Harris testified that on the day in question, he got off work and went over to Earnest 'Snoop' James' house and drank 'a couple of beers and a little under a half pint . . .' (R. 161). Harris then testified that he went down to the school around six-thirty that evening and 'ran into' the appellant. The witness stated that he and the appellant went back to 'Snoop' James' house and bought a half pint of gin and two beers (R. 162). Harris stated that they then went back over to the school where they met Taylor Oates, Jr. (R. 163). Harris testified that Oates accused them both of stealing ten dollars from him. Harris said he and the appellant tried to explain to Oates that they had not taken his money and also stated that they offered Oates a drink of their liquor (R. 165). Harris testified that Oates took the bottle and poured the gin out on the ground. Harris said that he, the appellant, and Oates then began arguing, both about the liquor and the missing ten dollars. Harris testified that at this point the appellant had neither hit nor threatened Taylor Oates (R. 165, 166). Harris did, however, testify that when Oates turned and walked away from the argument, the appellant threw a beer can over Oates' shoulder. He stated that Oates turned around and 'came back and we argued some more.' Harris testified that during this argument, Oates slapped the appellant and 'about this time Lewis hit him with the knife' (R. 166). Harris said that immediately before the stabbing, Oates and the appellant were facing each other, and both had their right hands in their pockets (R. 167, 168, 173). Harris testified that immediately after the appellant stabbed Oates, the appellant's brothers, who had just arrived, 'pulled him (appellant) back,' and that Oates turned around and walked away (R. 169).

Don James, brother of the appellant, testified that he had played football with the appellant the afternoon of the day in question, that he then went inside the community center and played a few games of pool (R. 181). James testified that when he and another brother, Alfred, left the community center that evening, they noticed the argument among the appellant, Van Harris, and Taylor Oates. James stated he heard Oates call the appellant a 'son of a bitch,' and that his brother told Oates 'he was telling the truth' (R. 182). James testified that at the time Oates and the appellant were facing each other, they both had their right hands in their pockets. He stated 'both hands moved at the same time,' and that his brother 'hit Taylor Oates' (R. 184). James said that after his brother stabbed Oates, he, the appellant, and his other brother, Alfred, walked together to their mother's home.

The testimony of Alfred James was essentially the same as that of his brother, Don. He added that when they got to the spot where the argument was taking place, he heard Oates tell the appellant, 'You think you're big because your brothers are here,' and also heard Oates ask the appellant, 'Why did you slap me?' Alfred James further testified that when Van Harris told them to 'cut that bull shit out,' Oates 'kind of came out of his pocket, and Lewis came down' and stabbed Oates (R. 189). Alfred James stated that he never saw Oates with a knife (R. 190).

The appellant's next witness was his mother, Lena Mae James. She testified the appellant came home crying after the incident and told her that he and Oates had 'gotten into it'; that Oates had 'thrown out the whiskey and then slapped him'; and that when Oates drew on him, he blocked his lick and come back in on him' (R. 194).

The appellant, Lewis James, testified that he was employed at Seamen Lumber Company, and had gotten off of work on the day in question around 3:30 in the afternoon. He stated that after work, he played football with his 'two brothers and some other guys,' then went home and changed...