Stanley v. State, 5483
| Decision Date | 18 May 1970 |
| Docket Number | No. 5483,5483 |
| Citation | 248 Ark. 787,454 S.W.2d 72 |
| Parties | Jack STANLEY, III, Appellant, v. STATE of Arkansas, Appellee. |
| Court | Arkansas Supreme Court |
Harper, Young & Smith, Ft. Smith, for appellant.
Joe Purcell, Atty. Gen., Don Langston, Mike Wilson, Asst. Attys. Gen., Little Rock, for appellee.
The appellant was charged by information with the crime of first degree murder. Upon trial, the State waived the death penalty. A jury found appellant guilty of the alleged offense and assessed his punishment at life imprisonment in the State Penitentiary. From a judgment on that verdict comes this appeal.
The appellant first contends for reversal that the evidence is insubstantial to show a willful, deliberate, malicious, and premeditated killing. The appellant was fourteen and one-half years of age at the time he admittedly shot and killed his stepfather. 1 The State adduced evidence that when the police officials appeared at appellant's home shortly after this tragedy occurred, the appellant admitted shooting his stepfather and said that he didn't know the gun was loaded. The appellant was also interrogated by the prosecuting attorney and released in the custody of his mother. After further investigation, appellant was questioned a few days later at which time he claimed he did not know why he shot his stepfather. He stated that his stepfather had punished him on three occasions; however, he disclaimed any hatred for him. He admitted he had made a previous statement that he intended to kill his stepfather. A witness, who was a neighbor and about the same age as appellant, testified that the appellant was in his home twice on the day of the shooting. Appellant told this witness that he intended to shoot his stepfather that night and that he had 'tried' to kill him about two days before and he couldn't get a mechanism of the rifle to work as his stepfather drove up to the house. Appellant expressed a hatred for his stepfather because of alleged physical punishment administered by him. Another youthful member of this household testified that appellant told her on that same day that he intended to kill his stepfather and when she replied that he must be 'kidding,' appellant said he could get by with it by making some excuse, running away or by putting a silencer on the gun. He expressed to her a hatred for his stepfather and had made similar statements of dislike previously. Another witness, about the age of appellant, testified that he came by this house as the appellant was leaving and he understood appellant to say that he was going to shoot his stepfather because of his dislike for him and that on other occasions he had heard appellant say that his stepfather beat him up once or twice.
The appellant did not testify. However, one of his narrations to the police was that when his stepfather came into the house late in the afternoon, the stepfather opened the gun cabinet and mentioned that he was going to trade off the rifle; that appellant asked to see the gun and that his stepfather handed it to him and went into an adjoining room; that appellant went to the gun cabinet, picked up a shell, loaded the gun, and then sat down on the divan; that his stepfather returned and was standing at a nearby table;
Appellant's court appointed trial counsel ably and forcefully argues on appeal and in oral argument that: '* * * this is not premeditation from the standpoint of the individual taking a life, but rather the immature reactions of a child attempting to cope with a situation which he did not understand, i.e., the loss of his grandmother and the readjustment to life without her.'
Appellant's defense was based only upon the plea of insanity. 2 Appellant's counsel asserts that this youthful offender was mentally disturbed because of his inability to reconcile differences, conflicts and crises he had experienced. Evidence was adduced from several lay witnesses in support of this contention, and especially with reference to the effect of the loss of his grandmother about two months previously. Also, a local psychiatrist testified that in his opinion the appellant was psychotic or mentally ill to the degree of not being responsible for the alleged act of murder. Previous to the trial the appellant was committed by a court order to the Arkansas State Hospital for a mental examination and was returned as being without psychosis. One of the doctors from the Arkansas State Hospital testified that it was the opinion of himself and the other members of the hospital psychiatric staff that appellant was not psychotic and that he was not mentally ill to the extent of being incapable of choosing between right and wrong and was, therefore, legally responsible for his acts.
The State's theory of first degree murder and the appellant's defense of insanity were both fully presented to the jury. The trial court instructed the jury on all degrees of homicide, the issue of insanity, and, further, told the jury that should it find the appellant insane, he would be committed to the State Hospital until the superintendent had determined that appellant had regained his sanity. The jury's anxiety and agonizing duty in resolving the conflicting theories and evidence, and in making its determination from the various verdict forms are apparent from questions propounded by it. It was within the province of the jury to determine the credibility of the witnesses and the weight to accord to their testimony in resolving these conflicting factual issues. It is firmly established that on appeal we must view the evidence in the light most favorable to the appellee and affirm the jury's finding and verdict if there is any substantial evidence to support it. Harris v. State, 239 Ark. 771, 394 S.W.2d 135 (1965); Stockton v. State, 239 Ark. 228, 388 S.W.2d 382 (1965); Veatch v. State, 221 Ark. 44, 251 S.W.2d 1015 (1952). Therefore, we must find no merit in appellant's contention since we cannot say there was no substantial evidence to support the verdict of the jury.
Appellant next contends that the court erred in permitting the introduction of the State's exhibits and allowing certain testimony. Appellant asserts that the introduction into evidence of the weapon, the expended cartridge, a photograph of the deceased, the bullet, a ballistics report, and fingerprints was prejudicial error. He argues that these items and the testimony accompanying their introduction were unnecessary since it was conceded that the appellant committed the act of shooting his stepfather. It is appellant's position that the testimony and these exhibits were used to inflame and prejudice the minds of the jurors against the appellant. We cannot agree. The burden rested upon the State to prove beyond any reasonable doubt the allegation of first degree murder. The elements of malice, intent,...
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