May v. State, 1 Div. 654
| Decision Date | 29 June 1976 |
| Docket Number | 1 Div. 654 |
| Citation | 335 So.2d 242 |
| Parties | Sidney MAY v. STATE. |
| Court | Alabama Court of Criminal Appeals |
Walter L. Allen, Montgomery, for appellant.
William J. Baxley, Atty. Gen., and Joseph G. L. Marston III, Asst. Atty. Gen., for the State, appellee.
Appellant was convicted of grand larceny and sentenced to eight years in the penitentiary. Prior to arraignment he was found to be indigent and counsel was appointed to represent him and he pleaded not guilty. After conviction he gave notice of appeal but did not request that his sentence be suspended pending appeal. At the time sentence was imposed, it was made known to the Court that appellant had been in jail four months and 14 days and the Court specifically allowed him credit for this jail time against the eight-year sentence. Appellant was furnished a free transcript, and counsel was appointed to represent him on appeal, but counsel failed to file a brief. This Court appointed counsel to represent appellant on this appeal.
The evidence is in hopeless conflict and only a jury could unscramble the conflicting testimony and arrive at a verdict.
The evidence for the State tended to show that on June 14, 1975, L. B. Lockhart was the owner of a .38 caliber Smith and Wesson pistol of the value of $79.00. He lived alone at 1772 Mobile Terrace, Mobile County, Mobile, Alabama. The pistol was lying on his bed in his home in full view of an open window. A young girl, Barbara Ann Orange, was at Lockhart's home on the late afternoon of June 14, 1975, and saw appellant at the open window with his hand inside the window. She saw appellant with something in his hand as he ran from the open window. Both Lockhart and Barbara Ann knew appellant as he had been to Lockhart's home on previous occasions. Barbara Ann ran to Lockhart and told him what she had observed appellant doing and both saw appellant when he fled down the street. Lockhart had seen his pistol on the bed about an hour before appellant was seen at the open window. He reported the theft of his pistol to the Mobile Police Department and gave them the appellant's name.
The next day Patrolman John Bone of the Mobile Police Department was dispatched to the Amvets Club on Davis Avenue to inquire into a report of a man with a gun. Upon arriving at the club, the officer observed a man, who was later identified as appellant, walking quickly into the club. The officer followed appellant into the club and saw him drop two pistols to the floor of the club. The officer seized the guns and arrested appellant and carried him to police headquarters.
Lockhart went to police headquarters and identified one of these pistols as his.
Appellant testified that although he was in the neighborhood at the time as related by Lockhart and Barbara Ann, he did not steal the pistol. An attempt was made to explain appellant's possession of the pistol on the...
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...party. Locke v. State, 338 So.2d 488 (Ala.Cr.App.1976). The truthfulness of the testimony was for the triers of fact. May v. State, 335 So.2d 242 (Ala.Cr.App. 1976)." 401 So.2d at "`The weight and probative value to be given to the evidence, the credibility of the witnesses, the resolution ......
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Hand v. State
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