Ward v. State, 3 Div. 239
| Court | Alabama Court of Criminal Appeals |
| Writing for the Court | PATTERSON |
| Citation | 557 So.2d 848 |
| Docket Number | 3 Div. 239 |
| Decision Date | 19 January 1990 |
| Parties | Ben WARD v. STATE. |
Page 848
v.
STATE.
Page 849
Howard F. Bryan, Montgomery, for appellant.
Don Siegelman, Atty. Gen., and Andrew J. Segal, Asst. Atty. Gen., for appellee.
PATTERSON, Judge.
Appellant, Ben Ward, was found guilty, by a jury, of theft in the second degree, as proscribed by § 13A-8-4, Code of Alabama 1975. Appellant was sentenced under the Habitual Felony Offender Act to 15 years in the penitentiary and was ordered to pay court costs and restitution.
The state's evidence showed that about 10:00 p.m. on December 20, 1988, four teenagers (two females and two males) stopped at the Eco gasoline service station on West South Boulevard in Montgomery. Three of the teenagers got out of the automobile and went to the restrooms while the driver checked the tires and then waited in the automobile for the others to return. The two girls had left their wallets in their purses in the automobile. One wallet contained $200 cash. While the driver was waiting for his friends to return, a stranger, later identified as the appellant, approached the automobile and knocked on the window. Appellant got into the front seat of the automobile and asked the driver if he would help him fill out an "application." The paper presented did not appear to be an application but rather some type of receipt. The driver stated he could not help him. Appellant next asked to "borrow a couple of dollars," but the driver told him he had no money. Appellant then asked for a "ride down the road" and, when the driver turned to appellant to respond in the negative, he saw appellant reach "down inside his left leg." The driver, becoming concerned, stated, "Wait a minute, man," and started to get out of the automobile when appellant said, "Now, man, wait,
Page 850
wait, wait, wait." The driver then exited the automobile, leaving the driver's door open and appellant inside. The driver then walked up to an unidentified man and asked him to watch his automobile because a stranger was in it. The man responded, "[H]e's out of your car. There he goes."The driver testified that appellant was in the automobile alone for about 15 to 20 seconds. There was further testimony that the automobile had the darkest tinted windows available.
Shortly after returning to the automobile, one of the girls noticed that her purse was open and that her wallet, which had contained $200, was missing. The other girl, who had been in the backseat of the automobile, also...
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Gavin v. State
...will not disturb the trial court's decision.'" Farrior v. State, 728 So.2d 691, 696 (Ala.Crim.App.1998), quoting Ward v. State, 557 So.2d 848, 850 (Ala.Crim.App.1990). "The role of appellate courts is not to say what the facts are. Our role ... is to judge whether the evidence is ......
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Gaston v. State, CR–15–0317
...along with the other evidence, is susceptible of a reasonable inference pointing unequivocally to the defendant's guilt. Ward v. State, 557 So.2d 848 (Ala. Cr. App. 1990). In reviewing a conviction based in whole or in part on circumstantial evidence, the test to be applied is whether the j......
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Powell v. State , CR–09–1192.
...court will not disturb the trial court's decision.’ ” Farrior v. State, 728 So.2d 691, 696 (Ala.Crim.App.1998), quoting Ward v. State, 557 So.2d 848, 850 (Ala.Crim.App.1990). “The role of appellate courts is not to say what the facts are. Our role ... is to judge whether the evidence is leg......
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Pace v. State
...will not disturb the trial court's decision.'" Farrior v. State, 728 So.2d 691, 696 (Ala.Crim.App.1998), quoting Ward v. State, 557 So.2d 848, 850 (Ala.Crim.App.1990). "The role of appellate courts is not to say what the facts are. Our role ... is to judge whether the evidence is ......
-
Gavin v. State
...will not disturb the trial court's decision.'" Farrior v. State, 728 So.2d 691, 696 (Ala.Crim.App.1998), quoting Ward v. State, 557 So.2d 848, 850 (Ala.Crim.App.1990). "The role of appellate courts is not to say what the facts are. Our role ... is to judge whether the evidence is ......
-
Gaston v. State, CR–15–0317
...along with the other evidence, is susceptible of a reasonable inference pointing unequivocally to the defendant's guilt. Ward v. State, 557 So.2d 848 (Ala. Cr. App. 1990). In reviewing a conviction based in whole or in part on circumstantial evidence, the test to be applied is whether the j......
-
Powell v. State , CR–09–1192.
...court will not disturb the trial court's decision.’ ” Farrior v. State, 728 So.2d 691, 696 (Ala.Crim.App.1998), quoting Ward v. State, 557 So.2d 848, 850 (Ala.Crim.App.1990). “The role of appellate courts is not to say what the facts are. Our role ... is to judge whether the evidence is leg......
-
Pace v. State
...will not disturb the trial court's decision.'" Farrior v. State, 728 So.2d 691, 696 (Ala.Crim.App.1998), quoting Ward v. State, 557 So.2d 848, 850 (Ala.Crim.App.1990). "The role of appellate courts is not to say what the facts are. Our role ... is to judge whether the evidence is ......