Slaton v. State
Decision Date | 17 November 1989 |
Docket Number | 8 Div. 271 |
Citation | 555 So.2d 814 |
Parties | Nathan D. SLATON v. STATE. |
Court | Alabama Court of Criminal Appeals |
The opinion previously issued in this case is hereby withdrawn and the following opinion is substituted therefor.
The appellant, Nathan D. Slaton, was charged with the rape and murder of a Marshall County woman, a capital offense as defined by § 13A-5-40, Code of Alabama 1975. Appellant, age 17, was certified to be tried as an adult, and his case was transferred to the Circuit Court for Marshall County. This appeal questions the validity of the transfer order.
The state's evidence tended to show that on the morning of May 28, 1987, the victim was found dead in her home. She had been shot in the chest and strangled. There was also evidence that she had been raped. Nathan D. Slaton was arrested after a neighbor stated that she had seen him come out of the victim's home not long before her body was found. Appellant Slaton also confessed to the murder.
Appellant argues that there was "a 'fixation of responsibility' for criminal acts on [him] without establishing beyond a reasonable doubt [his] responsibility for all elements of criminal acts in question."
Judge Bowen stated in Cruse v. State, 489 So.2d 694, 696 (Ala.Cr.App.1986), as follows:
In this case, a neighbor of the victim, Opal Bryant, testified that on the morning of May 28, 1987, she saw the appellant shooting at birds in the victim's yard. She called the victim to tell her about the appellant's actions. Ms. Bryant continued to watch the victim's house and observed the appellant go to the front door. He stood at the door for several minutes and looked back at Ms. Bryant's house before he went inside the victim's house. Ms. Bryant stated that he remained in the house for approximately 20 minutes. After the appellant left, a man who Ms. Bryant thought was the victim's brother drove up and went to the front door. He walked around to the side door and back to the front door before going in the front door. He came out almost immediately. Minutes later an ambulance and several police cars drove up to the victim's house. Her body was found in the bathroom. She had been raped, choked, and shot.
Mr. Tommy Cole, chief of detectives in the Albertville Police Department, testified that he arrested the appellant at approximately 5:30 p.m. on the day of the murder. The appellant was informed of his juvenile rights, and he signed a waiver of rights form. He made a statement in which he admitted to killing the victim by choking and shooting her. The record reveals that there was more than sufficient probable cause to transfer the appellant to the Circuit Court of Marshall County. No error occurred in this instance.
Appellant next contends that the order did not comply with § 12-15-34, Code of Alabama 1975. That section provides:
A hearing was held at which appellant was represented by counsel. The juvenile court issued the following order:
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...occurred and that the defendant committed it."'"'" W.T.K. v. State, 598 So.2d 33, 36 (Ala.Crim.App.1992)(quoting Slaton v. State, 555 So.2d 814, 815 (Ala.Crim.App. 1989), quoting in turn Ash v. State, 424 So.2d 1381, 1383 (Ala.Crim.App.1982)). "`An officer need not have enough evidence or i......
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...erroneous. Williams v. State, Ala., 361 So.2d 1157 (1978).' "Duncan, 394 So.2d at 932. (Emphasis added.) See also Slaton v. State, 555 So.2d 814 (Ala.Cr.App.1989). "The appellant also questions the court's decision, in the dispositional phase of the hearing, to transfer him to circuit court......
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