Robinson v. State, 6 Div. 110
| Court | Alabama Court of Criminal Appeals |
| Writing for the Court | PRICE |
| Citation | 260 So.2d 419,47 Ala.App. 689 |
| Decision Date | 14 December 1971 |
| Docket Number | 6 Div. 110 |
| Parties | Joe L. ROBINSON, alias v. STATE. |
Page 419
v.
STATE.
Rehearing Denied Jan. 25, 1972.
Page 420
Morel Montgomery, Fred Blanton, Birmingham, for appellant.
[47 Ala.App. 690] MacDonald Gallion, Atty. Gen., Joseph G. L. Marston, III, Asst. Atty. Gen., for the State.
PRICE, Presiding Judge.
The appellant has been convicted of murder in the first degree and sentenced to imprisonment in the penitentiary for life. From this judgment he prosecutes this appeal.
The state's evidence tends to show that defendant killed one Perry Elam by shooting him with a pistol.
There were no witnesses to the actual shooting. The defendant testified he went to Elam's apartment the morning of May 22, 1968, in response to deceased's telephoned request. Elam asked him to sell color televisions, cigarettes and other articles for him and when defendant refused Elam called him a police pimp and other names, and hit him in the chest with a pair of bolt cutters. He testified:
'Well, I taken them away from him and throwed it to the floor * * * and by [47 Ala.App. 691] this time he come out with a pistol. * * * well, when he got up with the pistol, I just grabbed him and started tusseling over the pistol, the pistol went off, three or four times. I don't know exactly how many times the pistol went off. When we got through tugging, I taken the pistol away from him.'
The evidence showed there were three bullet wounds in Elam's chest and one in the right leg. Defendant testified he never had his hand on the trigger. He stated deceased was approximately five feet, eleven inches tall and weighed between one hundred seventy and one hundred eighty pounds. Defendant was six feet, three inches tall and weighed two hundred, sixty-five pounds.
Under the evidence adduced whether the shooting was accidentally done or done in self defense was for the jury. The evidence was sufficient to support the judgment of conviction.
After the defendant had testified as a witness, police sergeant Smith, a defense witness, stated on cross examination that defendant's general reputation in the community where he lived was bad, but on redirect examination he stated defendant's reputation for truth and veracity was good and that he would believe him under oath in a court of law.
On cross examination the witness stated, over defense objections, that he had heard the defendant was convicted for violation of the state...
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Phillips v. State, 6 Div. 267
...record, there appears evidence of a substantial nature to support the verdict. Under the circumstances there is no necessity to review [47 Ala.App. 689] the facts. Pointer v. State, 37 Ala.App. 670, 74 So.2d There is no error of the court in its ruling on the admission of testimony or objec......
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Robinson v. State, 6 Div. 947
...to the Court of Criminal Appeals[288 Ala. 750] to review and revise the judgment and decision of that Court in Robinson, alias v. State, 47 Ala.App. 689, 260 So.2d Writ denied. LAWSON, MERRILL, HARWOOD and MADDOX, JJ., concur. ...
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Phillips v. State, 6 Div. 267
...record, there appears evidence of a substantial nature to support the verdict. Under the circumstances there is no necessity to review [47 Ala.App. 689] the facts. Pointer v. State, 37 Ala.App. 670, 74 So.2d There is no error of the court in its ruling on the admission of testimony or objec......
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Robinson v. State, 6 Div. 947
...to the Court of Criminal Appeals[288 Ala. 750] to review and revise the judgment and decision of that Court in Robinson, alias v. State, 47 Ala.App. 689, 260 So.2d Writ denied. LAWSON, MERRILL, HARWOOD and MADDOX, JJ., concur. ...