Pressley v. State, 71--91

• Citation: 261 So.2d 522
• Decision Date: 02 May 1972
• Docket Number: No. 71--91,71--91
• Parties: Nathaniel PRESSLEY, Appellant, v. The STATE of Florida, Appellee.
• Court: Court of Appeal of Florida (US)

Page 522

261 So.2d 522

Nathaniel PRESSLEY, Appellant, v. The STATE of Florida, Appellee.

No. 71--91.

District Court of Appeal of Florida, Third District.

May 2, 1972.

Rehearing Denied May 24, 1972.

Engel & Halpern and John A. Boccabella, Miami, for appellant.

Robert L. Shevin, Atty. Gen. and Joel D. Rosenblatt, Asst. Atty. Gen., for appellee.

Before BARKDULL, C.J., and PEARSON and HENDRY, JJ.

PER CURIAM.

The appellant, Nathaniel Pressley, was indicted, tried and convicted for murder in the first degree. The offense for which the jury found him guilty was alleged and proved to have been committed while Pressley and a co-defendant, Andre Murray Rhymes, were participating in an armed robbery of Stone's Grocery in Miami, on December 12, 1969, at 6:00 o'clock P.M. Pressley was sentenced to a life term in the state penitentiary.

The evidence typing Pressley to the murder included, among other things, the testimony of a Miss Johnson, a friend of Rhymes, as to statements made by Pressley on two occasions; by recovery from Rhymes upon his arrest of a chrome- or nickel-plated 'Taurus Brazil' .38 calibre revolver which had been taken from an earlier robbery of the Family Grocery Store committed by Pressley and Rhymes; by implication, by recovery of an Italian 'Eiger' .38 calibre revolver stolen from the murder victim which was given to Miss Johnson by Rhymes.

Lawrence Blades, an eighty-four year old Negro butcher employed at Stone's Grocery was shot five times with a .38 calibre Taurus Brazil pistol and died as a result of the wounds inflicted by the four armor-piercing concial bullets coursing through his chest; the fifth bullet lodged in his hand.

Four witnesses who were present during the robbery were unable to identify anyone. Mr. Nathan, the owner testified that he saw two young (17--20 years old) Negro males, who robbed him of $400.00 to $500.00, shoot at Lawrence Blades. One of the robbers pointed a pistol at Mr. Nathan, a Caucasian.

A Miss Davis testified that when a few people, including Pressley, were in the washroom of 'Peaches" (an acquaintance) apartment on the morning of December 14, 1969, Andre Rhymes admitting shooting the butcher at Stone's Grocery. She also testified that several days later at Uncle Willie's house, while only she and Rhymes were present, Rhymes told the witness that '. . . when you do wrong you have to pay for it, and that he (Rhymes) shot the butcher at Stone's market.' As to this testimony concerning the conversation at Uncle Willie's house, the trial judge instructed the jury that this evidence applied only to Rhymes and therefore could be considered by the jury as against Rhymes but not as to Pressley.

Miss Johnson testified that on December 14, 1969, while several persons were present in the bedroom of Peaches' apartment, she had a conversation with Pressley and Rhymes. At that time Rhymes told Miss Johnson that he robbed Stone's Grocery and had shot Mr. Blades. Pressley, who was sitting on the bed with Rhymes said, "I told you, you should have killed the white man, too." Miss Johnson also testified that after Rhymes said that about $400.00 was taken from Stone's Grocery, Pressley said, "I told you, you talk a little too much."

Miss Johnson further testified that one evening in December while she, Rhymes and Pressley were walking, Rhymes stated that he was standing outside the Family Grocery Store when Pressley went into the grocery store and that Pressley took a long silver gun from the store.

On another occasion, between December 14 and 17, 1969, Miss Johnson told Rhymes that she wanted a gun. Rhymes and the witness went up to Peaches' apartment where Rhymes showed her a silver gun which she recognized as State's Exhibit No. 9 (a chrome- or nickel-plated Taurus Brazil .38 calibre pistol). Rhymes said that the silver gun came from the Family Grocery Store and that, 'He told me he had used the gun in some killings.' The trial court against instructed that since Pressley was not present, according to the testimony, this evidence could be applied only against Rhymes and not against Pressley.

At the trial Miss Johnson then identified State's Exhibit No. 5 (a .38 calibre Italian 'Eiger' revolver) as the revolver which Rhymes had given her on the morning of December 17, 1969, when Rhymes had cautioned her: "Don't let nobody take this gun from you or see this gun because this is the gun that came from Stone's Grocery store, off the butcher, Mr. Blades." No objection or request for a cautionary instruction was made, and none was given at this point. She turned over the 'Eiger' revolver to the policeman Bonner and Sgt. Gonzalez.

Miss Manning, an employee of the Family Grocery Store, testified that during a robbery of that market on December 10, 1969, Pressley stole a .38 calibre 'Taurus Brazil' pistol. From the testimony of several witnesses it was made to appear that the stolen gun was purchased in 1969 by Mr. Dixon who loaned it in October, 1969, to Mr. Moncour, who worked at the Family Grocery Store.

On the night of December 14, 1969, Sgt. Gonzalez, of the Homicide Division of The Miami Police Department had occasion to go to the apartment of Rhymes' parents. While talking with Rhymes' parents, Sgt. Gonzalez noticed a chrome-plated revolver in a drawer there.

On the evening of December 17, 1969, Sgt. Gonzalez and two other officers went to Rhymes' own apartment to arrest him. During the arrest, Rhymes dropped a .38 calibre Taurus Bazil revolver which the police recovered. The trial court, pursuant to Pressley's motion, instructed the jury that this testimony could be considered only as against Rhymes, but not as being against Pressley.

A ballistics expert testified that four of the five .38 calibre shells recovered from Blades' body, clothing and floor next to his body were fired from the Taurus Brazil pistol--and the fifth slug was also probably fired from that gun. A finger-print expert testified that one latent print of Rhymes was found on the Taurus Brazil pistol.

Pressley for reversal contends that: (1) a 12 15 photograph of the deceased was erroneously entered into evidence for lack of relevance; (2) that the court denied due process by admitting evidence showing his propensity to commit crime; (3) the court abused its discretion in finding Pressley competent to stand trial; (4) the State failed to prove a prima facie case; (5) the evidence is sufficient to support a conviction; (6) that despite certain cautionary instructions, the court erred in denying pretrial and trial motions to sever; (7) the court erred in limiting the defense's cross-examination of Police Officers Bonner and Gonzalez as to Miss Johnson's credibility.

The court did not err in admitting into evidence a 12 15 black-and-white glossy photograph of the deceased lying dead on the floor of the murder scene, taken within one hour of the commission of the crime. '. . . photographs are admissible in evidence if they tend to illustrate or explain the testimony of a witness.' Grant v. State, Fl...