Pierce v. State
| Decision Date | 14 August 1973 |
| Docket Number | 8 Div. 349 |
| Citation | 51 Ala.App. 166,283 So.2d 618 |
| Parties | Gladys PIERCE v. STATE. |
| Court | Alabama Court of Criminal Appeals |
Edward N. Scruggs, Jr., Guntersville, for appellant.
William J. Baxley, Atty. Gen., and David W. Clark, Asst. Atty. Gen., for the State.
The Grand Jury of Marshall County, Alabama, indicted the appellant for robbery. The Jury's verdict found the appellant guilty as charged, and judgment set sentence at ten years imprisonment in the penitentiary. Appellant's motion for new trial was denied.
The first witness to testify was Ernest Stevens, the sixty-eight year old victim of the alleged robbery. Stevens stated that on the afternoon of June 4, 1972, he and Lonzo Atchley had gone to Guntersville Lake to fish. They were sitting in the shade near the lake when the appellant, Gladys Pierce, and two men, identified as David King and Earl Pierce, drove up. Stevens testified that appellant walked up and asked Atchley where his wife was. Atchley replied, The appellant then said, Appellant and Atchley then left in his car; the two men left behind them in appellant's car. Stevens further testified that appellant and the two men returned about five or ten minutes later. They got out of the car and walked over to where he was sitting. One of the men walked around behind him, and Stevens was hit on the back of the head. He stated that when he tried to get up on his hands and knees, Earl Pierce kicked him in the mouth and knocked out some teeth. Gladys Pierce then reached down and took his billfold out of the bib pocket of his overalls. She took the money out and threw the billfold away. According to Stevens, there was $83.00 in the billfold. Appellant and the two men then drove off.
Stevens' testimony was corroborated by thirteen year old Tommy Ray, who had been playing ball near the lake. He saw Stevens being hit over the head and saw the other man kick him when he tried to get up. He also observed appellant reach in Stevens' pocket and get something out.
Deputy Sheriff Charles Hill testified that he saw the victim of the robbery about 8:00 p.m. that night and that Stevens' mouth was bleeding. After talking to both Stevens and Tommy Ray, he proceeded to the residence of one Neely Noble. Upon arriving Hill saw the appellant go through the house and out the back door. Hill then went inside and got David King and Earl Pierce. As he brought the two men back to the car, Gladys Pierce came around the house and toward the car. All three were placed under arrest.
The first witness for the defense was Lonzo Atchley. His testimony differed in several respects to that of Mr. Stevens. He stated that Stevens had a pint of 'wildcat whiskey' he was drinking and that when the appellant arrived he asked her to go get some beer. Atchley claimed Stevens gave her $10.00 and appellant brought back three six-packs of beer. Atchley further testified that appellant took him home because he was drunk and didn't want to drive.
The appellant took the stand in her own behalf and testified along the same lines as Atchley. She stated that after taking Atchley home she never returned to the lake, but went straight to the Noble residence where she was arrested.
The sufficiency of the evidence is presented to us because of the denial of appellant's motion for a new trial. Mims v. State, 23 Ala.App. 94, 121 So. 446; Sharp v. State, 21 Ala.App. 262, 107 So. 228.
The victim identified the appellant as one of the robbers and his testimony was corroborated by Tommy Ray. Such testimony, if believed, is sufficient to sustain a conviction and any conflict in the testimony of the witnesses presented a jury question.
Appellant's only assignment of error concerns the testimony of Deputy Charles Hill. Hill was allowed over objection to testify to the events immediately preceding...
To continue reading
Request your trial
-
Sanders v. State
...surrendered. Allen v. State, 146 Ala. 61, 41 So. 624 (1906); Carden v. State, 84 Ala. 417, 4 So. 823 (1888); Pierce v. State, 51 Ala.App. 166, 283 So.2d 618 (1973); C. Gamble, McElroy's Alabama Evidence, § 190.01(3) (3rd ed. Any error in excluding the testimony of McFerrin in this regard wa......
-
Ward v. State, 6 Div. 618
...cases the flight or attempted flight of a defendant is a circumstance which the jury may take into consideration. Pierce v. State, 51 Ala.App. 166, 283 So.2d 618." Vaughn v. State, 57 Ala.App. 134, 326 So.2d 662, 664 In the case at bar, two witnesses testified that the appellant fled the sc......
-
Tate v. State
...admissible even though it is weak or inconclusive or if several days have passed since the commission of the crime. Pierce v. State, 51 Ala.App. 166, 283 So.2d 618 (1973). Mrs. Faulkenberry testified that the appellant and Crear siphoned gas from her car. A length of garden hose was found i......
-
Kimbrough v. State, 6 Div. 537
...It is well established that the State may prove that the accused was engaged in flight to avoid prosecution. Pierce v. State, 51 Ala.App. 166, 283 So.2d 618. Here appellant stated he would go so far as to kill a police officer to prevent his return to Alabama. It is apparent that appellant'......