Peoples v. State, 8 Div. 802

• Decision Date: 12 October 1976
• Docket Number: 8 Div. 802
• Citation: 338 So.2d 515
• Parties: Bob Carnelius PEOPLES v. STATE.
• Court: Alabama Court of Criminal Appeals

Page 515

338 So.2d 515

Bob Carnelius PEOPLES v. STATE.

8 Div. 802.

Court of Criminal Appeals of Alabama.

Oct. 12, 1976.

J. Norman Roby, Jr., Decatur, for appellant.

William J. Baxley, Atty. Gen., and Vanzetta Penn Durant, Asst. Atty. Gen., for the State.

CECIL H. STRAWBRIDGE, Circuit Judge.

Defendant was convicted of murder in the first degree and from a sentence of life imprisonment brings this appeal.

The appellant, Bob Cornelius Peoples, was indicted by the grand jury of Lawrence County, Alabama, in an indictment which read as follows:

'The Grand Jury of said County charge that before the finding of this Indictment Bob Cornelius Peoples unlawfully, and with malice aforethought, killed Harold Young, by shooting him with a rifle or shotgun, against the peace and dignity of the State of Alabama . . .'

To this indictment the appellant pled not guilty and not guilty by reason of insanity.

On May 19, 1975, a motion for the change of venue was filed by the attorney for appellant which included the following grounds and reasons for the changing of said venue:

'1. That the venue of this cause should be changed from Lawrence County, Alabama, to another county within the discretion and decision of this Honorable Court because there exists throughout Lawrence County so great a prejudice against this defendant that it is not likely that a fair and impartial trial could be had and an unbiased verdict returned if the case should remain for trial in Lawrence County, Alabama.

'2. Defendant would show that since the time of the charge upon which he is to be tried, he has been the subject of many and diverse prejudicial rumors circulated throughout the city and county. Said prejudicial rumors are common knowledge among citizens of Moulton, and Lawrence County from which the veniremen in this case will be selected.

'3. Defendant would show that commencing the time of, the alleged crime of which he is accused and continuing almost daily throughout the remainder of the time prior to the filing of this motion the Moulton Advertiser, a weekly newspaper published in Moulton, Lawrence County, Alabama; the Decatur Daily, a daily newspaper published in Decatur, Morgan County, Alabama; the Huntsville Times, a daily newspaper published in Huntsville, Madison County, Alabama; the Birmingham News, and the Birmingham Post Herald, daily newspapers published in Birmingham, Jefferson County, Alabama, along with other newspapers have carried stories, pictures, and articles proporting to relate facts and opinions pertaining to the charge against this defendant and alleged in the indictment. The publicity given this defendant far transcends the normal amount of newspaper comment concerning a defendant and said stories, pictures, and articles and the number thereof have had a prejudicial effect upon the right of this defendant to obtain a fair and impartial trial in Lawrence County, Alabama. Said newspapers have general circulation that extends throughout Lawrence County and into the homes from which the veniremen will be selected for the trial of this case in Lawrence County.

'4. Defendant would show that commencing on the day of the alleged crime and continuing periodically throughout the remainder of the time prior to the filing of this motion, television stations whose coverage extends throughout Lawrence County and into the homes from which the veniremen will be selected for the trial of this case in Lawrence County have sent stories and accounts of these proceedings concerning this defendant into the homes of the veniremen in Lawrence County, far transcending the normal amount of television comment concerning a defendant. Defendant further would show that even upon the day of his initial arraignment, April 18, 1975, television stations from Huntsville sent news teams to cover said arraignment proceedings and made feature stories on said defendant moving from the jail to the courthouse.

'5. Defendant would further show that in addition to the newspaper publicity and that generated by the television stations, each radio station in Lawrence Morgan and Madison County has likewise carried newscast at various hours of the day and have sent stories and accounts of the proceedings concerning this defendant into the homes of the veniremen in Lawrence County far transcending the normal amount of radio comment concerning a defendant.

'6. The Defendant would further show that from time to time since the commission of the crime of which he is accused, that the sheriff of Lawrence County has shown pictures relating to the crime of which the defendant is accused to citizen of Lawrence County in his office in Moulton, Lawrence County, Alabama and has made comment as to the punishment said defendant should receive because of the heinous crime that has been committed. Defendant alleges that said publication by the High Sheriff of Lawrence County is prejudicial and far transcends the normal amount of pretrial comment allowed law enforcement officers in relation to Defendant's right to fair trial.'

On August 15, 1975, appellant's motion...