Jones v. State
| Decision Date | 24 August 1982 |
| Docket Number | 5 Div. 665 |
| Citation | 418 So.2d 955 |
| Parties | Anthony JONES v. STATE. |
| Court | Alabama Court of Criminal Appeals |
Theron Stokes of Gray, Seay & Langford, Tuskegee, for appellant.
Charles A. Graddick, Atty. Gen. and Elizabeth Ann Evans, Asst. Atty. Gen., for appellee.
The appellant, Anthony Jones, was indicted by the grand jury of Macon County for robbery in the first degree. He entered a plea of not guilty, and was found guilty of robbery in the first degree as charged in the indictment. He was sentenced under the Alabama Habitual Felony Statute to the penitentiary of the State of Alabama for a term of his natural life without possibility of parole, and he appeals to this Court.
The appellant was, at all proceedings in the trial court, and is, in this Court, represented by the same counsel appointed by the trial court. This appeal was submitted to this Court on briefs.
The appellant contends in his brief that the trial court erred to his prejudice on three grounds: First, by overruling appellant's motion to exclude state's evidence; second, by refusing to give written requested jury instructions 1-8; third, by overruling appellant's motion for a new trial.
State's evidence tended to prove that on September 7, 1981 Mr. Mindingall, the injured party, lived at 110-C Sojourner Apartments in Tuskegee, Macon County; that he was sitting on Mr. Howard's porch across the courtyard visiting with, and having a social drink with Mr. Howard and a friend, when the appellant, Anthony Jones, came up; that at about 4:00 or 4:30 he went home to cook something to eat; that it was hot weather, and he did not lock his front door; that the appellant followed him home, came in Mr. Mindingall's apartment behind him, and put a big knife next to his throat, and said give me your money; that Mindingall grabbed the arm of the appellant, and the appellant cut him, and then went back to his throat, and got Mindingall's money, $47.00, and pocketbook; that the appellant cut him two more times, and took his watch; that the watch and money were worth over $247.00; that he was positive the appellant was the person who took his pocketbook, money and watch; that Mindingall bled real bad from the cuts, and blood was all over his house, and he went to the hospital and was sewed up; that he had been drinking but was not drunk.
State's witness LaFayette Howard, testified, in substance, that on September 7, 1981, he lived at C-106 Sojourner Apartments across the courtyard from Mr. Mindingall; that Mindingall and some friends of Mr. Howard were sitting on his front porch having a social drink when the appellant came up; that when Mindingall left to go home to get a bite of food, the appellant followed him; that he had known the appellant three or four years; that the appellant followed Mr. Mindingall into his apartment, and in a few minutes came out and waved his hand at us and left; that as soon as appellant left, Mr. Mindingall came out of his apartment and over to Mr. Howard's apartment, at which time he was bloody as a hog; that no one else came out of Mindingall's apartment; that he went over and looked in Mindingall's apartment and saw blood all over every one of the rooms, bathroom and everywhere in there, and towels in the sink as bloody as they could be; that when Mr. Mindingall left Howard's house to go home, he had a watch, and when he came back bloody, he did not have the watch on.
State's witness Johnny H. Willis, testified, in substance, that on September 7, 1981 he was a police officer employed by the City of Tuskegee; that about 7:28 P.M. he went to C-110 Sojourner Apartments where Mindingall lived; that Ernestine Minnifee, LaFayette Howard, and George Mitchell were there; that Mr. Mindingall was nursing an injury to his lower left arm; that there was blood on the dressing he had on his arm, on the floor in the bedroom, in the middle of the bed, in the bathroom; that there was a large puddle of blood on the floor near the commode, and drippings in the hallway; that Mindingall complained that the appellant had rolled him, and taken his pocketbook, and two twenty dollar bills; that several days later he saw and arrested the appellant; that in his opinion Mindingall had been drinking and was drunk; that Mindingall had no problem in relating exactly what had happened.
The state rested, and there was a recess for lunch. Upon resuming the trial, the court allowed the state to reopen its case, whereupon, state's witness, Ernestine Minnifee, testified, in substance, that on September 7, 1981, at about 4:00 o'clock, she was at Mr. Howard's apartment on the front porch having a drink with Mr. Howard and some friends; that they were drinking, but were not drunk; that Mr. Mindingall was there, and got up to go across the courtyard to his apartment; that the appellant was there, and when Mindingall left, the appellant left and followed Mindingall until they both went into Mr. Mindingall's apartment; that in ten or fifteen minutes the appellant came out of Mindingall's apartment and waved his hand; that he was almost running when he left; after appellant left, Mindingall came over to Mr. Howard's house and was bloody; that he had three cuts on his arm, one on his shoulder, and two on his wrist; that they stopped his bleeding, and went over to Mindingall's house, and called an ambulance and the police; when she went over to Mindingall's house, she saw blood in every room, hallway, bedroom, bathroom, and kitchen; that Rose Davis and her boy friend brought the appellant down there to Mr. Howard's house; that she did not see anyone else go into Mindingall's house except him and the appellant. State rested its case, and the appellant moved to exclude state's evidence on the ground that it was insufficient to make out a prima facie case against the appellant.
Mr. Robert Sheppard, a witness called by the appellant, testified that on September 7, 1981, he picked the appellant up and took him down to the Sojourner area selling watermelons; that he did see Mr. Mindingall, who asked him to go and get some beer, and that Mr. Mindingall was unsteady, and his speech was slurred. Later, he told Mrs. Rose Davis to take Mr. Mindingall a watermelon. Mr. Sheppard stated that the appellant was in his sight all the time he was down there, except for about twenty minutes, or less, and the appellant was not wearing a hat on that day.
Rose Davis, a witness called by the appellant, testified that she went down to Sojourner Apartments area selling watermelons with Mr. Sheppard. That on their way, they picked up the appellant. That Mr. Howard told her to take a watermelon to Mr. Mindingall. She took a watermelon to Mr. Mindingall, who offered her some liquor he was drinking. She refused the liquor, and told him she "only drinked beer." He followed her out of the apartment trying to put his shoes on, and went to the truck and asked Mr. Sheppard to take him to get some beer. Mr. Mindingall appeared to have been drinking heavily. The appellant was out of their company only briefly, about twenty to thirty minutes. The appellant offered no other evidence.
The appellant's first contention in his brief is that the trial court erred to his prejudice by overruling his motion to exclude state's evidence on the ground the state has failed to prove a prima facie case....
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Jones v. White
...the possibility of parole. His conviction was affirmed by the Alabama Court of Criminal Appeals on August 24, 1982. Jones v. State, 418 So.2d 955 (Ala.Crim.App.1982). Jones then filed a petition for writ of habeas corpus in federal court for the Middle District of Alabama. Among his grounds......