Jones v. State, 6 Div. 511

• Decision Date: 12 August 1986
• Docket Number: 6 Div. 511
• Parties: James Wade JONES v. STATE.
• Court: Alabama Court of Criminal Appeals

Page 215

497 So.2d 215

James Wade JONES v. STATE.

6 Div. 511.

Court of Criminal Appeals of Alabama.

Aug. 12, 1986.

Rehearing Denied Oct. 14, 1986.

Arthur Parker and Steve Poer, Birmingham, and Bill Fite, Hamilton, for appellant.

Charles A. Graddick, Atty. Gen., and Jean Alexandra Webb, Asst. Atty. Gen., for appellee.

LEIGH M. CLARK, Retired Circuit Judge.

A jury found this appellant guilty on a trial on an indictment in pertinent part as follows:

"JAMES WADE JONES, ..., did intentionally receive, retain, or dispose of stolen property, to-wit: a 1972 Datsun automobile, VIN # HLS3046678, the property of Linda Gardini, of the value of Three Thousand and No/100 ($3,000.00) Dollars, knowing that it was stolen or having reasonable grounds to believe it had been stolen and not having the intent to restore it to its owner, in violation of Section 13A-8-17 of the Code of Alabama."

Some of the lengthy testimony in the case as shown by the court reporter's transcript tends to be confusing, which we think is largely by reason of the fact that there is testimony relative to a silver 1972 Datsun 240Z as well as considerable testimony relative to a black 1976 Datsun 280Z, as well as to other vehicles, and because of the fact that one of the witnesses for the State testified as to his participation in trades or sales of other motor vehicles and that in doing so he had used the alias of Paul Lewis, although his true name is Zachery Lee Smith. We quote from his testimony on cross-examination as follows:

"Q. Do you have any proof that your true name is Zachery Lee Smith? Do you have any proof of that other than what you are telling them?

"A. No, because all my stuff was taken over at the jail. At the jail I have my driver's license and everything.

"Q. I'm asking you do you have anything here today?

"A. No, sir, I don't.

"Q. So your name could be Paul Lewis; right? That's the name you used for a number of years, wasn't it?

"A. My alias name, yes, sir.

"Q. You used that for several years, didn't you?

"A. Yes, sir.

"Q. And you are what is commonly referred to as a professional thief, aren't you?

"A. Yes, sir.

"Q. And how old are you?

"A. Thirty-three.

"Q. Okay. You are thirty-three. How long have you been a professional thief?

"A. That's hard for me to say.

"Q. Ten years?

"A. Ten. Maybe ten, I'm not sure.

"Q. Maybe fifteen?

"A. I don't know what you call a professional thief.

"Q. How long have you been stealing?

"A. Ever since I was fourteen years old.

"Q. All right. And when were you brought to Hamilton today--when were you brought to Marion County to Hamilton?

"A. Sunday night.

"Q. Who brought you here?

"A. Deputy.

"Q. Deputy Sheriff here?

"A. Yes, sir.

"Q. And from where did he bring you?

"A. Homewood City Jail in Birmingham.

"Q. Now, you are now serving a sentence for what?

"A. Interstate transportation of stolen cars and theft of interstate shipment.

"Q. Where are you serving this sentence?

"A. I'll be serving my sentence in Tallahassee, Florida. I have been designated there from the Regency out of Atlanta, Georgia. I am presently in the Homewood City Jail."

As an illustration of how confusing some of the testimony is by reason of the various automobiles referred to in the evidence, we now quote from the direct examination of Dr. Dale Erskin Bolt, a dentist in Hamilton, Alabama, a witness for the the defendant:

"Q. Doctor, do you fly airplanes?

"A. Yes, sir.

"....

"Q. Do you know Mr. Wade Jones there?

"A. Yes, sir.

"Q. How long have you known him?

"A. I guess since about four years I reckon. I forget exactly how many years.

"....

"Q. Your association with him has been in the flying field?

"A. Yes, sir. He was my instructor, and you know, Buddy through that, I guess.

"Q. Dr. Bolt, do you remember seeing a Datsun car--I may have the dates mixed up--there is two cars involved here, one that involves the month of December, ' 81, and the other June of '82.

"MR. TIDWELL [District Attorney]: I believe that's possibly right, Bill.

"Q. Now, are you familiar--did you see--we'll call it the December '81 car?

"A. Yes, sir.

"Q. Do you recall what kind of car it was?

"A. I remember it now. It was a Datsun Z car.

"Q. Was it a you know, I'm so ignorant about these cars--was it a sports car?

"A. Yes, sir. It's like a sports car. It's pretty peppy and it goes pretty fast. It's a good little car.

"....

"A. He bought it somewhere or other and as I understand it out of Birmingham. And I guess I first saw it in Hamilton.

"....

"A. He told me he had bought the car and I believe he was going to buy it and fix it up. He was going to paint it up. It was kind of ragged looking.

"Q. Did you drive the car any yourself?

"A. Yeah, I did one time. I dropped a clutch on it.

"Q. You dropped a clutch?

"A. I was driving down the road and I was thinking about getting one myself, which I ultimately did. I was driving on Munsingwear Road seeing what it was like and the clutch started slipping so I had clutch trouble when I was driving the car.

"....

"Q. Did you--I know you weren't looking right at him every day but did you casually observe what use, if any, Mr. Jones made of this car after he got it?

"A. Well, he drove it like anybody else would drive a car to and from the airport and where else he had to go, if that's what you mean.

"Q. Is it correct that after he purchased it he kept it about eleven months or something like that, or do you know?

"A. It was quite some time, eleven months would probably be about right.

"Q. Where did you say Mr. Jones works?

"A. He's an--he works at the airport since he's a pilot and that's where his business pretty much is.

"Q. And he instructs and teachers [sic]?

"A. Yes, sir.

"Q. And he's also a commercial pilot, hauls passengers and freight?

"A. Yes.

"Q. Now, I'm not suggesting anything just trying to see, you may not know; but, Mr. Jones purchased another Datsun during the month of June of 1982, did you ever see that car?

"A. Yes, sir.

"Q. Where did you see it?

"A. I don't recall if I actually drove that one or not but I think it was runable. I saw it around. At one time he had it at his apartment and another time he had it parked at his place of business.

"Q. You don't recall driving that one yourself?

"A. I don't recall whether I did or didn't. At one time I think I loaded my three kids in the back for something or other. I don't know.

"Q. And this first car I mentioned, the one you said you dropped the clutch on, did you see anything on the inside of that car, anybody's name on it or plaque or anything?

"A. Well, I think that was the one Wade had him a little plaque made and put on the car and said it was his car. He was proud of that car.

"MR. FITE: I believe that's all. Answer Mr. Tidwell's questions.

"CROSS-EXAMINATION

"BY MR. TIDWELL:

"Q. Doctor, or course, you and Wade are pretty good friends?

"A. Yes, sir....

"Q. When you first saw these cars, did you see that first car that he bought while it was down at Drandell Warren's?

"A. I don't honestly recall whether I did or not.

"Q. You never did see it before it was painted then?

"A. I honestly don't remember that.

"....

"Q. He had told you that he was going to get one?

"A. I would imagine he did.

"Q. What did he tell you about it?

"A. That he had been shopping around and looking in these car papers that come out every week.

"Q. Did he tell you specifically that he had bought one or negotiated for one?

"A. I don't recall if he said he had bought one or was going to buy one or what.

"Q. Did he--in fact, he said he had found one?

"A. I'm not trying to be smart. I just don't remember. I remember that he bought the car.

"Q. I guess I misunderstood you while ago when you stated that you remember he told you that I'm groping for the word that you used; do you remember what word you used, doctor?

"A. What word I used?

"Q. Yes, I few minutes ago. I remember he told me that he was getting one.

"A. Yeah. That's what I said.

"Q. So by getting you don't mean--did he tell you specifically what kind he was getting?

"A. I think he had his heart set on a Z car.

"Q. What kind of Z car, did he tell you that?

"A. Just a Datsun Z car.

"Q. Did he tell you where he was getting it?

"A. I think he was going to get one out of Birmingham or something but this has been a long time ago. He had shopped around for quite a while looking.

"Q. Did he ever meet that big black fellow?

"A. I don't remember. At one time I was going to buy a car from that guy.

"Q. Is that right.

"A. That's so.

"Q. Who introduced you to him?

"A. I forget the details but since Wade had bought the first car and then another car and I was shopping around thinking I might want a car.

"Q. Who introduced you to him?

"A. I suppose it would be Wade.

"Q. You say Wade took you down there and introduced you to this fellow?

"A. No. He told me there was a car available.

"Q. What kind of car was it?

"A. It was a Z car.

"Q. How did he tell you to get ahold of this guy?

"A. You never could. That's why I never bought the car. I came probably that close to buying it if it's what they said it was.

"Q. You say he was always in and out, who do you mean by 'he'?

"A. The guy in Birmingham. The story would be simplified by saying that I was going to buy the car if it was what they said and what they told me that it was available. It was a repo or something and I was shopping around.

"Q. I guess what I'm asking is how did you get up with Lewis or Smith--what was his name now?

"A. I don't know. I have heard about six names he used now.

"Q. What I'm asking is what name was given to you by Wade as to how to get ahold of him?

"A. I wasn't really sure. I mean, I have shopped around so much.

"Q. But what, doctor, you said Wade put you in touch with this fellow. I mean, I'm sure the jury is interested in that.

"A. I'm trying to tell you.

"Q. How did you get in touch with him?

"A. How did I get in touch with Lewis?

"Q. Yeah.

"A. I never.

"Q. There...