Pugh v. State, 3 Div. 444.
| Decision Date | 28 March 1946 |
| Docket Number | 3 Div. 444. |
| Citation | 25 So.2d 417,247 Ala. 535 |
| Parties | PUGH v. STATE. |
| Court | Alabama Supreme Court |
Appeal from Circuit Court, Montgomery County; Eugene W. Carter Judge.
R. L. Farnell, of Montgomery, for appellant.
Wm N. McQueen, Atty. Gen., and John O. Harris, Asst. Atty. Gen for the State.
Cleveland Patton and Frank Pugh were jointly indicted and jointly tried in the Circuit Court of Montgomery County, Alabama, for the offense of robbery. The jury returned a verdict of guilty against both defendants, and fixed Patton's punishment at death, and Pugh's punishment at life imprisonment in the penitentiary. Judgment was accordingly entered against both defendants, and both appealed. Patton died pending the appeal, and by order of this Court the appeal as to him was abated. We now proceed to determine the questions presented by Pugh's appeal.
The State's principal prosecuting witness, one Richard Goldsmith, testified in substance as follows: That he operated a small ice cream parlor on West Jeff Davis Avenue in the city of Montgomery, Alabama, and that between 10:15 and 10:30 o'clock on the night of April 11, 1945 Cleveland Patton and Frank Pugh came to his place of business ostensibly to buy ice cream; that his place of business is very small, being six feet wide and twelve feet long, and without a front entrance; that there was a small counter across the front, facing West Jeff Davis Avenue, where customers were served through an opening or window; that Cleveland Patton approached the counter and asked for an ice cream cone, and while he was serving Patton the ice cream and a package of peanut butter sandwiches, Patton put a pistol in his (Goldsmith's) breast and demanded his money; that while this was taking place at the front of the place of business, Pugh gained entrance to the place through a screen door on the side of the building by cutting the screen with a knife; that Pugh also demanded his money and began searching the place, found and took from a box the sum of $140, and, in the language of Goldsmith, 'wrung the wrist watch off of my hand'; that Pugh also found some pistol cartridges, and demanded Goldsmith's gun; that Goldsmith denied having a gun; that Pugh looked for the gun, and not finding it backed out of the screen door; that all the time Pugh was inside the place of business Patton held a gun on him (Goldsmith); that Patton and Pugh ran, and he shot at them twice but missed.
Patton and Pugh lived in Mobile, Alabama, but admitted that they were in Montgomery on the night of the robbery, and went to Atlanta, Georgia, the next day. They denied any knowledge of the robbery, and their testimony, together with that of other witnesses, tended to establish an alibi.
The State in presenting its main case offered in evidence two photographs of appellant Pugh marked 'Mobile police 944. 3-2-43.' Appellant interposed objections. The court ruled 'until other evidence is introduced, I agree with your...
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