Thomason v. State, 4 Div. 42

Decision Date16 June 1970
Docket Number4 Div. 42
PartiesGerald THOMASON v. STATE.
CourtAlabama Court of Criminal Appeals

Tipler, Fuller & Melton, Andalusia, for appellant.

MacDonald Gallion, Atty. Gen., and Lloyd G. Hart, Asst. Atty. Gen., for the State.

PRICE, Presiding Judge.

The appellant, Gerald Thomason, appeals from a conviction of murder in the first degree, with a sentence of life imprisonment in the penitentiary. In addition to the plea of not guilty, he interposed the plea of not guilty by reason of insanity.

The undisputed state's evidence shows that on February 21, 1969, defendant killed one Michael Rex Harrison by shooting him with a pistol. The shooting occurred at a tavern operated by defendant's brother.

The defendant did not testify and the evidence introduced in his behalf was solely in support of his insanity plea.

In rebuttal of this testimony the State introduced in evidence three purported prior convictions of the defendant in Niagara County, New York. State's Exhibit 1 is a certified copy of the conviction of one Gerald Thomason, after a plea of guilty, for the offense of 'Assault 3rd Degree,' with a penitentiary sentence of one year, 'Sentence suspended and placed on probation for one (1) year.' Dated December 17, 1958. State's Exhibit 2 is a certified copy of a conviction of Gerald Thomason, after plea of guilty for the offense of '(1) Assault 2nd Degree, (2) Operating a Motor Vehicle Without a License,' with sentences to the county jail for 30 days and 10 days on said charges.

In Watts v. State, 282 Ala. 245, 210 So.2d 805, evidence of prior convictions was introduced by the State. The court in reversing the conviction said:

'The record tends to show that these convictions were admitted under the theory that all of the acts and declarations of a defendant are admissible under a plea of 'not guilty by reason of insanity.'

It is true that this court has held in a long line of cases that 'wide latitude' is allowed both the defendant and the State in inquiries into a person's mental state when an issue as to the sanity of such a person is presented. (Citing numerous cases).

'However, the latest of these cases have held that there is a necessary limitation on these inquiries in that the 'acts, declarations and conduct inquired about must have a tendency to shed light on the accused's state of mind when the act for which he is being tried was committed.' Nichols v. State, supra (276 Ala. 209, 160 So.2d 619); Barbour v. State, supra (262 Ala. 297, 303, 78 So.2d 328; Peoples v State, supra (257 Ala. 295, 299, 58 So.2d 599); Smith v. State, supra (257 Ala. 47, 49, 57 So.2d 513); Hall v. State, supra (248 Ala. 33, 36, 26 So.2d 556); Coffey v. State, supra (244 Ala. 514, 521, 14 So.2d 122); Mitchell v. Parker, 224 Ala. 149, 138 So. 832.'

'It would seem clear, therefore, that even though a 'wide latitude' is given both the defendant and the State in cases of this type, there is the restriction, imposed by this Court, that prior convictions to be admitted must be relevant to the issue of the...

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5 cases
  • Brewer v. State, 6 Div. 808
    • United States
    • Alabama Court of Criminal Appeals
    • July 5, 1983
    ...see Brown v. State, 392 So.2d 1248 (Ala.Cr.App.1980), cert. denied, 392 So.2d 1266 (Ala.1981), or insanity, see Thomason v. State, 46 Ala.App. 10, 237 So.2d 121 (1970), the State's rebuttal evidence is not in question. Likewise, Wharton's final test, "relevancy in various particular crimes,......
  • State v. Carter
    • United States
    • Supreme Court of Connecticut
    • January 21, 1986
    ...significance in showing the mental condition of the defendant, when such evidence would ordinarily be excluded. See Thomason v. State, 46 Ala.App. 10, 237 So.2d 121 (1970); Burgunder v. Arizona, 55 Ariz. 411, 103 P.2d 256 (1940); People v. Vanda, 111 Ill.App.3d 551, 67 Ill.Dec. 373, 444 N.E......
  • Burnett v. State
    • United States
    • Alabama Court of Criminal Appeals
    • October 13, 1987
    ...Pilkington v. State, 46 Ala.App. 716, 248 So.2d 755 (1971), cert. denied, 287 Ala. 739, 248 So.2d 757 (Ala.1971); Thomason v. State, 46 Ala.App. 10, 237 So.2d 121 (1970). Upon our review, we find these cases to be factually distinguishable from the case at bar and, thus, not For the above s......
  • Pilkington v. State
    • United States
    • Alabama Court of Criminal Appeals
    • March 16, 1971
    ...244 Ala. 514, 14 So.2d 122; Peoples v. State, 257 Ala. 295, 58 So.2d 599; Watts v. State, 282 Ala. 245, 210 So.2d 805; Thomason v. State, 46 Ala.App. 10, 237 So.2d 112. In Relevancy of Evidence upon Mental Capacity, 4 Ala.Lawyer 384, Judge McElroy says at p. 394 (omitting a footnote '* * * ......
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