Walker v. State

• Decision Date: 02 November 1976
• Docket Number: 4 Div. 475
• Parties: Carl Ray WALKER v. STATE.
• Court: Alabama Court of Criminal Appeals

Page 155

339 So.2d 155

Carl Ray WALKER v. STATE.

4 Div. 475.

Court of Criminal Appeals of Alabama.

Nov. 2, 1976.

J. R. Herring, Dothan, for appellant.

William J. Baxley, Atty. Gen., and Vanzetta Penn Durant, Asst. Atty. Gen., for the State.

TYSON, Judge.

Appellant, Carl Ray Walker, was indicted for murder in the first degree, by killing Benjamin Floyd 'by shooting him with a pistol.' The jury found the appellant guilty of murder in the second degree and fixed punishment at twelve years imprisonment. The trial judge entered judgment in accordance with this verdict.

Herman Floyd, age twelve, testified he lived at his home on 203 Lindsey Street in Headland, Alabama, on November 16, 1975, with his brothers and sisters. He stated that Benjamin Floyd was his uncle. He stated that on the evening in question he was at home playing with his brothers and sisters when the appellant, Carl Ray Walker, came to their home, walked up on the porch and knocked. He stated that his little brother, whose nickname was 'Peanut,' answered the door, and that Walker asked for Benjamin Floyd. He stated that 'Peanut' went to tell his uncle that Walker was there to see him. He stated that Walker and his aunt, Future Floyd, lived in the same neighborhood.

On cross-examination he testified that he had two brothers and two sisters, all of whom lived at home with him. He stated that his uncle, Benjamin Floyd, lived with Otis Floyd, his grandfather. He stated that the deceased, Benjamin Floyd, was known as 'Short Change.' He testified that Juanita Walker was the wife of Carl Ray Walker and lived just down the street from their home.

On cross-examination he testified that he heard Juanita Walker tell the appellant to 'Let the boy alone,' referring to the decedent, and that he heard one shot. He testified that some of the adults went outside, and he next saw his uncle lying at the back door of his aunt's home, that on R. C. 'Sonny' Hudspeth, his aunt's husband was there. He testified he saw blood on the pants of his uncle.

Terry Floyd, age sixteen, testified that on November 16, 1975, he was a nephew of Benjamin Floyd. He stated that Herman Floyd was his brother, and that all of them were at their mother's home that evening when they heard a knock on the door, and he saw his youngest brother, Charles Floyd, nicknamed 'Peanut,' go to the door. He stated that the appellant, Carl Ray Walker, was standing there and asked for Benjamin Floyd. He stated the appellant told 'Peanut' to 'tell Small Change to come out here a minute.' He stated that the appellant had a knife. He stated that he remained inside with his brothers as they were watching television, and the next thing he heard was Benjamin Floyd saying, 'You are wrong, son.' He stated that he heard a shot, and he saw the appellant, Carl Ray Walker, crank up his car and drive away. He said that his uncle had gone over to his aunt's home, the Hudspeth's, which was next door, and he saw his uncle lying there, and later saw some Headland police officers drive up.

On cross-examination he testified that his uncle, Benjamin Floyd, had been drinking, that his eyes were red, and his speech was slurred. He stated that his uncle appeared to be 'high.'

Charles Floyd testified that he was age seven and lived with his mother, and brothers and sisters at 203 Lindsey Street in Headland, Alabama. He testified he remembered the night when Carl Ray Walker came to their home and knocked on the door and asked where was 'Small Change.' He said that this was his uncle's nickname. He said that he had been watching television with his brothers and he went and called his uncle and told him that Walker wanted to see him. He said that he saw a knife in the hands of Carl Ray Walker, and that he did not see a knife on his uncle. He said that his Uncle Benjamin, 'Small Change,' Floyd went outside, that after a few minutes he heard some talking, and then he heard a sound like a shot.

Juanita Walker testified that she was the wife of the appellant, Carl Ray Walker. She stated that they lived at 200 Lindsey Street in Headland, Alabama, and that the deceased, Benjamin Floyd, was her 'boyfriend.' She said that she had been dating 'Small Change' for some time. She stated that about 7:30 on the night in question, she saw her husband, Carl Ray Walker, go over and knock on the door of the Floyd home. She saw Benjamin Floyd come out, and as he did, she started putting her clothes on because they were arguing and fussing. She stated both men had knives. She said that she came outside and told her husband, Carl Ray, to 'leave Benjamin alone,' and that Carl Ray then threw her down. She stated that as she was getting up, she heard Carl Ray say, 'You cut me,' and that Benjamin started running around the house, that Benjamin had a knife, and that her husband was standing right beside the car and Benjamin was at his side. She stated that she saw her husband pull a gun from his pocket and shoot one time, and that she saw Benjamin run over to his sister's, Future Floyd's house. She said that Future Floyd's husband, R. C. Hudspeth, was there also.

On cross-examination Juanita Walker admitted that she thought Benjamin Floyd was the father of one of her children. She stated that her husband had come home that evening between 6:00 and 6:30 o'clock, and asked her to go to a movie, and that she had declined. She stated that he went out as though to go to a movie and came back later, that she then saw him go over and knock on the Floyd's door. She said that the argument between the two men was over her, and that she heard the deceased, Benjamin, say to her husband, 'Carl, you are wrong.' She said that when she went outside she told Carl Ray to leave Benjamin alone. She said she saw that her husband was bleeding across his face and that Benjamin had a knife when her husband shot. She said that her husband had a six-shot revolver, and that he shot low at the deceased, Benjamin Floyd.

R. C. Hudspeth testified that he lived at 201 Lindsey Street, Headland, Alabama, on November 16, 1975. He stated that his wife was known as Future Floyd, and that she had a sister named Betty who lived across the street, and who had several young sons. He stated that on the night of November 16, 1975, Benjamin Floyd came to his house and told him that he was shot. He stated that he got up and called the doctor and began putting on his clothes. He stated that he noticed a cut on his lip, and that he had a wound in his stomach. He stated that Headland Police Officer Larry Snellgrove came and they called an ambulance, that he helped him put Benjamin Floyd in the ambulance. He stated he saw blood on the clothes of Floyd. He stated that as they were putting Benjamin 'Short Change' Floyd in the ambulance, he looked but he did not see a knife, that as Floyd had tried to get up that he had staggered. He testified that Floyd was taken to the Dothan General Hospital within thirty to forty-five minutes of coming to his house that night.

Future Floyd testified that she lived at 201 Lindsey Street in Headland, Alabama, on November 16, 1975. She testified that Benjamin Floyd was her brother, and that he came to her house that evening and that she was there with R. C. Hudspeth with whom she lived. She stated that when she got up out of bed that she saw her brother lying on the floor, and that she saw that he had been cut near the lip. She testified that she called the police and asked them to send an ambulance, and gave them the address. She stated that she pulled up her brother's shirt and saw blood. She stated that several police officers came and put her brother in the ambulance and took him to the Dothan General Hospital.

On cross-examination she admitted that her brother, Benjamin Floyd had been going with Carl Ray Walker's wife for some time.

Larry Snellgrove testified that he was a police officer with the Headland Police Department on November 16, 1975. He stated that he went to 203 Lindsey Street in Headland between 7:45 and 7:50 that evening. He stated that he went to the back door of R. C. Hudspeth's home and saw Benjamin Floyd lying on the floor just inside the back door. He stated that he noticed that there was a cut on the uppper lip, and that he did not move Floyd until other officers arrived, among them Sheriff Welcher and Chief Smith, and that they called an ambulance and took Floyd to the Dothan General Hospital. He stated that later that evening he went with Deputy Johnny Bradley to where Carl Ray Walker was working and that he drove them down to Holland Street and then went into a house and came back and brought them a thirty-two caliber pistol, which he turned over to them.

On cross-examination Snellgrove stated that Floyd was not dead as he checked his pulse, that there was some blood about his lip, and he saw blood on his pants.

Sheriff J. Frank Welcher testified on the evening of November 16, 1975, he went to 201 Lindsey Street in Headland, Alabama. After making an investigation at the Hudspeth's home, and seeing that Floyd was taken to the hospital, he went down to Holland Street as he had known the appellant, Carl Ray Walker, for some time. He stated that he saw the appellant's automobile in front of the Douglas store, and that he went in, the appellant came out and said that he had been wanting to talk with him. He stated that the appellant just reached into his automobile and handed him an H & R six-shot thirty-two caliber pistol. He stated that the appellant went with them to police headquarters, and that later that evening, after first giving him a Miranda card warning, and in no way threatening, intimidating, or abusing the appellant, the appellant said, 'I must have given you the wrong gun,' and that they then drove over toward Holland Street, that appellant went into a house and came back and said, 'This must be the one,' giving them a second thirty-two caliber pistol with the serial number AJ41723. He stated that this second...