Richards v. State, 6 Div. 946
| Decision Date | 01 June 1976 |
| Docket Number | 6 Div. 946 |
| Citation | 337 So.2d 171 |
| Parties | Joseph Lee RICHARDS v. STATE. |
| Court | Alabama Court of Criminal Appeals |
J. Massey Relfe, Jr., Birmingham, for appellant.
William J. Baxley, Atty. Gen., and Randolph P. Reaves, Asst. Atty. Gen., for the State.
Appellant-defendant, an indigent below with appointed counsel, and here with the same economic and trial status, was convicted of roadside robbery pursuant to an indictment therefor. He entered a plea of not guilty: The jury fixed punishment at twelve years imprisonment in the penitentiary. Judgment was entered therefor and this appeal is taken therefrom.
The alleged robbery occurred in the early morning hours of the night at a road-side point in Jefferson County, whereat the victim, Reginald Darty, in response to a signal from the occupants of a motor vehicle in which defendant was riding, stopped to render aid. The evidence tended to show that the three occupants of the immobilized motor vehicle had some car trouble at a night spot a few minutes before, where the victims had come in contact with them and there offered them assistance. At the invitation of one of the occupants he followed them.
When Darty stopped on the roadside to render assistance, appellant-defendant, whom the victim identified in court, severely assaulted and beat him about the head, to the extent he was powerless to resist. Defendant, so Darty testified, was a party to the theft of the money and personal property described in the indictment.
Defendant defended on the ground he was not present and was not a party to the alleged robbery. He contended that he and another relative had a fight that night which accounted for the bruised condition of his hands which were photographed after his arrest a day or two later. Defendant's mother testified about this alleged fight of her son, the defendant, with her brother in her yard that night. The son and the brother were about the same age. Alcoholic inebriation of the parties was involved.
The State, during the trial, offered two identified photographs of the victim's battered and bruised head. Defendant's objection was overruled. We quote the objection:
The objection was properly overruled. The indictment charges that the described property was taken from the victim against his will '. . . by violence to his person . . .', etc. A photograph, though gruesome and inflammatory in nature, is admissible if it has a reasonable tendency to prove or disprove some material fact in issue. Violence on the person...
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...even if the photographs may tend to inflame the jury. Warrick v. State, 460 So.2d 320 (Ala.Crim.App.1984); Carpenter v. State; Richards v. State, 337 So.2d 171 (Ala.Crim.App.), cert. denied, 337 So.2d 173 Magwood v. State, 494 So.2d 124, 141 (Ala.Cr.App.1985), aff'd, 494 So.2d 154 (Ala.), c......
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...even if the photographs may tend to inflame the jury. Warrick v. State, 460 So.2d 320 (Ala.Crim.App.1984); Carpenter v. State; Richards v. State, 337 So.2d 171 (Ala.Crim.App.), cert. denied, 337 So.2d 173 Magwood v. State, 494 So.2d 124, 141 (Ala. Cr.App.1985), affirmed, 494 So.2d 154 (Ala.......
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...even if the photographs may tend to inflame the jury. Warrick v. State, 460 So.2d 320 (Ala.Crim.App.1984); Carpenter v. State; Richards v. State, 337 So.2d 171 (Ala.Crim.App.), cert. denied, 337 So.2d 173 We have examined the photographs in this case in the light of the principles set out a......