McGullion v. State
| Decision Date | 17 April 1973 |
| Docket Number | 7 Div. 165 |
| Citation | 276 So.2d 640,50 Ala.App. 55 |
| Parties | Billy McGULLION v. STATE. |
| Court | Alabama Court of Criminal Appeals |
Jerry B. Oglesby, Anniston, for appellant.
William J. Baxley, Atty. Gen., and David W. Clark, Asst. Atty. Gen., for the State.
The indictment charged that the appellant did buy, receive, conceal, or aid in concealing one Pontiac Catalina autombile of the value of $3,000.00, the personal property of Otis C. Duvall knowing that the same had been stolen, or having reasonable grounds for believing same had been stolen, and not having the intent to restore it to the owner. The appellant's trial resulted in a verdict of guilty as charged in the indictment. Judgment was entered in accordance therewith and appellant was sentenced to imprisonment in the penitentiary for seven years. Hence, this appeal.
Otis C. Duvall, Jr., testified in substance that he owned a 1970 two door hardtop Catalina Pontiac automobile on October 19, 1971; that he had purchased a 1972 tag for this car in Russell County; that the automobile had a green body with a black vinyl top; that it had a market value of approximately $3,000.00; that on October 19, 1971, he parked the car in a church parking lot in Homewood, locked the doors, put the keys in his pocket, and left the car there about 7:00 A.M. and went to work about one hundred yards from where it was parked; that he got off work at 3:30 P.M. that day and went to the parking lot where he had parked the car and it was gone; that he had not sold or lent the car, or given anyone permission to move it; that he notified the police and that he had not seen the car since that time; that the tag number on the car was 57--5198; and that the 57 was for Russell County.
Ernest Hardegree, a State Investigator with the Department of Public Safety, testified in substance that on October 19, 1971, he was in the general area of Bells Mill in Cleburne County where he was stationed at a farm; that he arrived there about 9:00 A.M.; that he was concealed and about fifteen feet off the road; that he could see from where he was up to the house and to some chicken houses on the farm; that at about 10:50 A.M. a blue Chevrolet pickup truck driven by Jackie Tant and a white Oldsmobile driven by Hugh Gray Whistenant, both of whom were known to him, came by him and turned into the farm and proceeded up a lane toward a barn; that both of these people lived in Anniston; that at 1:09 P.M. a 1970 Pontiac Catalina driven by the appellant, with a green body and a dark vinyl top and a license tag numbered 57--5198, passed him; that it had two doors; that the appellant drove this car up to the farm gate, got out, opened the gate, drove the car through it, got out again, closed the gate and drove the car down the lane toward the barn; that at 1:20 P.M. the appellant came from down the lane from the direction of the barn in a white Oldsmobile, came through the same gate and passed him; and that he knew and had seen appellant before this date.
Albert Henry Clifton, a State Trooper, testified in substance that he participated in the investigation at this farm on October 19, 1971; that he arrived there about noon on that date; that he stationed himself directly behind the barn on the farm; that he could clearly see the barn and that he used binoculars to observe things in and around the barn; that Sergeant McDowell was stationed there with him; that when he got there, there were no vehicles down at the barn; that he could see a blue Chevrolet pickup truck and a white Oldsmobile at a house some distance from the barn at that time; that shortly after 1:00 P.M. he saw a 1970 green Pontiac come down the lane leading to the barn, go around behind the barn and into the barn with its rear facing out the door; that he saw the appellant get out of the car after he stopped it in the barn and walk to the house; that he knew the appellant then and pointed him out in court; that after the appellant got to the house he got into the Oldsmobile and left; that about 10:00 A.M. that morning he had seen Hugh Gray Whistenant driving the Oldsmobile in Anniston and that at that time Jackie Tant was following him in a blue Chevrolet pickup truck.
Trooper Clifton further testified that he remained stationed at the rear of the barn and at about 1:30 P.M. Jackie Tant and Hugh Whistenant came to the barn and disassembled the Pontiac automobile; that he knew these two men; that he could see the license tag on the car and that it was a 1972 Alabama tag numbered 57--5198; that they took the back half of the body off the car the Tant carried it away in the blue Chevrolet pickup truck; that Whistenant remained in the barn and took the motor out of the car; that the next morning he was back in his place of concealment and saw Whistenant and Tant load the entire rear end drive-shaft and motor on a red...
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Haynes v. State
... ... Duvall, Jr., of Phenix City, Alabama. The identification number of this vehicle was 252370P101096, and the license tag number on the car was 57--5198, issued to Duvall by the Judge of Probate of Russell County ... Jackie Tant, Hugh Gray Whistenant, and Billy McGullion were all convicted in the Circuit Court of Cleburne County, in separate trials, for buying, receiving, concealing, etc., this identical automobile and all appealed their convictions to this Court. Tant's case was dismissed on his own motion on April 10, 1972. The case against Whistenant was ... ...
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Conner v. State
...we must follow the usual rule of refraining from meddling where the trial judge was not called upon to intervene. McGullion v. State, 50 Ala.App. 55, 276 So.2d 640 reflects gratuitous dictum unnecessary to the Many times appellate courts do peek beyond the brink to assure that no injustice ......
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