James v. State, 6 Div. 228

• Decision Date: 18 March 1980
• Docket Number: 6 Div. 228
• Citation: 381 So.2d 672
• Parties: Leslie JAMES, alias v. STATE.
• Court: Alabama Court of Criminal Appeals

Page 672

381 So.2d 672

Leslie JAMES, alias v. STATE.

6 Div. 228.

Court of Criminal Appeals of Alabama.

March 18, 1980.

Robert W. Gwin, Jr., Birmingham, for appellant.

Charles A. Graddick, Atty. Gen., Sarah Kathryn Farnell, Asst. Atty. Gen., for appellee.

TYSON, Judge.

The indictment charged Leslie James, alias, with the first degree burglary of the dwelling house of Melody Putman, who was lodged therein on the night of June 12-13, 1979. The jury found the appellant "guilty as charged" in the indictment, and the trial court set sentence at twenty years imprisonment in the penitentiary.

Leonard M. Robbins, a Birmingham evidence technician officer, stated that he went to Apartment B-2 at 2310 Highland Avenue in Birmingham, Alabama, on the early morning of June 13, 1979. He made four fingerprint lifts from an aluminum screen on a bedroom window, two from the outside and two from the inside. He made three fingerprint lifts from the window frame. These lifts were delivered by Robbins to Ms. Sandra Triplett, a senior fingerprint technician at the Identification Bureau of the City of Birmingham.

On cross-examination Sergeant Robbins stated that he arrived at the residence about 8:33 in the morning and made fingerprint lifts. He stated that a window and screen in the bedroom were partly open.

Ms. Melody Putman stated she was employed in the Special Studies Section of the University of Alabama, at Birmingham, and resided in Apartment B-2 at 2310 Highland Avenue on June 12-13, 1979. She stated that her apartment was on the ground floor and she had burglar bars on one bedroom window, but the other window led to a courtyard and did not have burglar bars. Ms. Putman indicated that she retired around 10:30 on the evening of June 12, 1979, at her apartment, and was awakened about 2:30 the next morning by a noise at her window. She stated that the window and screen were closed when she retired. She said she heard a crunching sound of some leaves just outside her window and called out, "Who's out there, go away from here." Suddenly a black male stuck his head inside the window and she exclaimed to him, "Get out." He climbed inside and seized her. She stated that she kicked her assailant in the groin area and managed to free herself. She ran from the bedroom into the living room area. The black male pursued her, grasped at her a second time, but she had managed to open the door into the front stairwell. She stated that she scratched and struck the male in the face, then screamed and managed to fall outside the door at the bottom of the stairwell. Ms. Putman testified that she recalled that a Birmingham police officer, Gary Childs, lived upstairs. She screamed and ran up the stairs toward his apartment. As she pounded on Childs' door, the door suddenly opened, Childs pushed her inside his apartment and began to pursue the black male.

Ms. Putman described her assailant as being a young, slender black male in his early twenties with short hair, a little nappy beard, and wearing a short sleeved tan sweater or shirt. She stated that her assailant was slightly taller than herself, and that she was five feet, five inches tall. Ms. Putman identified photographs of the bedroom window through which her assailant had appeared.

Ms. Putman indicated that she had not given anyone permission to enter her apartment at night. She stated that the incident occurred between 2:30 and 2:45 on the early morning of June 13, 1979.

On cross-examination Ms. Putman indicated that the bedroom window led into a courtyard outside her apartment near an alleyway. She stated there was a large street light on Highland Avenue which shone down the alleyway. Ms. Putman indicated that she could not positively identify her assailant.

Birmingham City Policeman Gary R. Childs testified he lived at Apartment B-8, a second floor apartment at 2310 Highland Avenue in Birmingham. He stated that he had a neighbor, Ms. Melody Putman, who lived in an apartment on the first floor. He stated that he had just gotten off duty and had come to his apartment shortly after 2:00 on the morning of June 13, 1979. Officer Childs stated he had just hung his gun belt and .38 Smith and Wesson revolver on a coatrack just inside the door, and had lain across the bed, partly dressed, when he heard some screams and his name being called. He stated he looked down the stairs and saw Ms. Putman fall out into the floor at the base of the stairs from her living room door. She screamed and called to him. Childs stated he reached inside his door for his revolver, and at that time Ms. Putman was coming up the stairs and at his door. He stated he pushed her inside his apartment door and yelled to the black male, who was then pursuing her, to halt. He stated the black male ran back down the stairs and he pursued him through the doorway and out into the courtyard. He stated that he fired once, but the screen door struck his hand, causing him to miss the assailant. Childs chased him to the courtyard, then to the driveway between the apartments and yelled to him to halt a second and third time. When he did not, the assailant crossed under the street light at the bottom of the driveway and he fired at him twice with his revolver. He heard the assailant yell and then saw him fall.

Childs stated that he went to the area where he had seen the assailant fall, but did not find him. He then returned to his apartment and telephoned Police Headquarters for assistance. He then gave a description on his walkie-talkie radio, stating the assailant was a young black male about five feet, eight inches tall, weighing 140 pounds, medium build, short hair, and wearing a beige and tan shirt or sweater and dark trousers. Childs stated that Ms. Putman remained at his apartment until some officers arrived to investigate. The following morning they went to Ms. Putman's apartment and found a brownish colored plastic button with two holes. He said it was elliptical in shape and was found on the living room floor. Officer Childs placed the button in an envelope and identified same as State's Exhibit 11 at trial.

That same morning, about 7:45, Officer Childs indicated that some paramedics from the Fire Department and several officers from the South Precinct of the Birmingham Police Department came by and told him they had found a suspect on the porch of a house a few doors away. Officer Childs then walked over, about seventy-five yards away, where he observed the appellant, Leslie James, seated on the porch. He was being administered to by the paramedics who were present. Childs stated that the paramedics were administering to a gunshot wound. He stated that the appellant was wearing a beige or tan shirt or sweater and dark trousers. The shirt worn by appellant was taken by the officers and marked for identification. It was introduced at trial as Exhibit 8. The shirt had two buttons, and a third was missing, but the buttons were of the same smoky gray or tan color and elliptical in shape, with two holes, as was the button found on the...