Lowe v. State
| Decision Date | 18 March 1980 |
| Docket Number | 6 Div. 709 |
| Citation | 384 So.2d 1164 |
| Parties | Ronnie LOWE v. STATE. |
| Court | Alabama Court of Criminal Appeals |
Issac P. Espy of Tucker, Gray & Epsy, Tuscaloosa, for appellant.
Charles A. Graddick, Atty. Gen., Sarah Kathryn Farnell, Asst. Atty. Gen., for appellee.
Robbery; ten years and one day.
This robbery occurred at a Junior Food Mart in Tuscaloosa, Alabama, on March 17, 1977. Clyde Jerry Skelton, the manager, was operating the store at the time. About 9:07 A.M., the appellant entered the store and purchased a drink. After leaving the store, he remained outside, standing near the building for a few minutes before re-entering the store. He purchased a cake, and, when the manager turned to give him his change, she saw a small weapon in his hand. Ms. Skelton said that he demanded money, and she gave him the bills from the register. She stated that she also gave him three dollars of her own. According to Ms. Skelton, when the appellant was leaving, he said that he would "blow" her head off if she followed him outside.
Ms. Skelton testified that her assailant was "shaky" at the time of the robbery and that she, "out of fear," gave him the money. After he left, she went to a drugstore and informed the owner of the drugstore that she had been robbed. She then went back to her store and called the police.
During the trial, Ms. Skelton described the person who robbed her as a black male with a "long-type head sideburns and a goatee," who was wearing a light blue jumpsuit. Further, she said that there was something wrong with his eyes and that "there must be something wrong with his legs." She stated, "(H)is knees went in or something, and when he walks he gives a prissy walk."
According to Ms. Skelton, from the time the appellant entered the store until he left approximately two and a half to three minutes elapsed. The witness made a positive, in-court identification of the appellant as her assailant.
Judy Leonard testified that she was the office manager of the "Junior Food Stores of Tuscaloosa," and, on March 17, 1977, she went to the store operated by Ms. Skelton. After arriving at the store, the witness checked the register and found that approximately one hundred and forty dollars had been taken. She stated that this amount did not include the three dollars which had been taken from Ms. Skelton. At the end of Ms. Leonard's testimony, the State rested its case, and the appellant took the stand in his own behalf.
The appellant testified that he lived on Knoll Circle in Northport, Tuscaloosa County, Alabama, and that he lived there with his mother, brothers and sisters. He stated that, on the day in question, he was wearing a beard. During the trial, he testified that his eyes were "crossed." On the day in question, he was working with West Alabama Bottling Company as a helper on a "drink truck." He denied owning a pair of coveralls and said he did not rob the "Junior Food Mart of East Village."
The State called in rebuttal two witnesses, Lane Ray Harris, the appellant's employer on the West Alabama Bottling Company truck, and Tim Bigham. Harris stated that he could not swear that the appellant was working on March 17, 1977. Moreover, the witness said that there were some days on which the appellant did not work.
Tim Bigham testified that he was the manager of the snack bar in the basement of the courthouse and that Lane Ray Harris delivered the drinks to his business establishment. Mr. Bigham knew Ronnie Lowe because he was Harris' helper. Bigham stated that, during the period from February to July, he could not state that Ronnie Lowe was with Harris every Thursday when a delivery was made to his business establishment.
The appellant has raised, on this appeal, two issues which have been considered together because they raise specific problems regarding the attitudes and preconceived ideas of veniremen who were chosen for the jury in the present case. The appellant complains that the trial court erred when it refused to grant defendant's challenge to jurors who answered in the affirmative to a question "regarding their beliefs whether a defendant would lie just because he was a defendant."
Additionally, he contends that the trial court erred when it refused to grant the defendant's challenge to jurors who answered in the negative regarding the issue "would they vote for acquittal even though they believed the defendant was probably guilty if they had a reasonable doubt after hearing the evidence and instructions of the court."
In order to review these issues concerning the "prospective juror," we must look to the pertinent part of the record, which reads as follows:
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