Wheeler v. State
| Decision Date | 21 December 1971 |
| Docket Number | 4 Div. 68 |
| Citation | 47 Ala.App. 457,256 So.2d 197 |
| Parties | James Elbert WHEELER, Jr. v. STATE. |
| Court | Alabama Court of Criminal Appeals |
John A. Taber, Greenville, for appellant.
William J. Baxley, Atty. Gen., Richard F. Calhoun, Asst. Atty. Gen., for the State.
This appeal is from a conviction for rape in the Circuit Court of Crenshaw County, with punishment fixed at thirty-five years imprisonment.
The appellant was indigent and was represented by attorneys in the proceedings in the court below by appointment of the circuit court and on appeal by attorneys by appointment from this court.
At arraignment a plea of not guilty and not guilty by reason of insanity was entered. Afterward on July 7, 1969, preliminary to the trial a 'Petition for Lunacy Hearing' was filed, apparently under Title 15, § 428, Code 1940, as recompiled. The petition was heard before the court and denied on July 21, 1970. The appellant argues for error in this action of the court.
§§ 425, 426 and 428, Title 15, Code of Alabama, 1940, as recompiled, provide somewhat related methods by which the trial court may have an investigation made into the sanity of a defendant, before trial. But the rule is clear that the court is under no duty to resort to these methods, but simply has the right to seek their aid for advisory purposes when, in its discretion, it would be helpful. Howard v. State, 278 Ala. 361, 178 So.2d 520; Campbell v. State, 257 Ala. 322, 58 So.2d 623; Aaron v. State, 271 Ala. 70, 122 So.2d 360; Lokos v. State, 278 Ala. 586, 179 So.2d 714. Seibold v. State, 287 Ala. 549, 253 So.2d 302 (Advance Sheet)
However, the discretion of the trial court is not unbridled but these provisions for investigation into a defendant's sanity are addressed to the sound discretion of the court and will be reviewed on appeal for abuse. Pace v. State, 284 Ala. 585, 226 So.2d 645.
We have carefully read the testimony offered on the hearing of the petition and in our opinion it is not sufficient to warrant a reversal of this case under the above-cited authorities, as no abuse of discretion appears.
The testimony offered by the appellant was that of Dr. Paul Aker Stabler, a medical doctor, who had not examined appellant, but had before him the military medical record of appellant from the United States Government upon which he based his testimony. That record showed among other things an injury to appellant's head from an automobile accident, with a possibility of a tumor of the brain and a finding of epilepsy, although apparently not severe. This condition is controlled by drugs. The report also showed several traits of appellant unfavorable to him under his petition. The doctor did not attempt to give an opinion as to the sanity or insanity of petitioner or whether he should be given psychiatric examination to determine this question.
In an eloquent argument in brief counsel for appellant complains that the indigency of appellant prevented him from employing specialists for psychiatric examination and private practitioners to represent him. The broad provisions for relief under such circumstances provided in the federal statutes and Rules of Procedure are referred to, § 3006A(e(18), U.S.C.--Rule 28, Federal Rules and § 4244 U.S.C., but we have no such practice other than the Alabama Code sections heretofore set out.
In Lokos v. State, 278 Ala. 586, 179 So.2d 714, the court stated, 'However we may have individually acted at nisi prius in view of the fact that the appellant had previously been confined in a mental institution and is a nonresident, who was not only without funds but without family or friends in this state to assist him in securing witnesses in support of his plea of insanity, we cannot under our previous decisions hold that the trial court's action in overruling the motion for appointment of three experts in the field of mental disorders works a reversal of the judgment below.'
Therefore the evidence, if any, which might have been discovered and produced had the appellant had the means to do so, cannot be considered by this court because we are confined to the...
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Johnson v. State
...things, too. To be sure an indigent defendant is in a difficult position. This question has been raised before. Wheeler v. State, 47 Ala.App. 457, 256 So.2d 197 (1971). While some provisions are made for this in the federal system, it is not the present situation in this State. . . Title 18......
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Beauregard v. State
...review is whether the trial judge abused his discretion. Pace v. State, 284 Ala. 585, 226 So.2d 645 (1969); Wheeler v. State, 47 Ala.App. 457, 256 So.2d 197 (1971). In determining whether a reasonable doubt as to sanity exists, the trial judge may make investigation and hear evidence. Thoma......
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Harris v. State
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Colley v. State
...only when the evidence raises a reasonable doubt as to a defendant's sanity does such an inquiry become mandatory. Wheeler v. State, 47 Ala.App. 457, 256 So.2d 197 (1971); Edgerson v. State, 53 Ala.App. 581, 302 So.2d 556 (1974). Furthermore, the appellant has no right to receive a mental e......