White v. State

• Decision Date: 31 May 1983
• Docket Number: 1 Div. 523
• Citation: 435 So.2d 1367
• Parties: Mitchell Hanna WHITE v. STATE of Alabama.
• Court: Alabama Court of Criminal Appeals

Page 1367

435 So.2d 1367

Mitchell Hanna WHITE v. STATE of Alabama.

1 Div. 523.

Court of Criminal Appeals of Alabama.

May 31, 1983.

Certiorari Denied July 22, 1983

Alabama Supreme Court 82-853.

Arthur P. Clarke, Mobile, for appellant.

Charles A. Graddick, Atty. Gen., and Bill North, Asst. Atty. Gen., for appellee.

TYSON, Judge.

On May 3, 1983, 434 So.2d 877, this court unanimously, without opinion, affirmed this case. Because of the earnest nature of appellant's application and motion on file with this court, this opinion follows.

Mitchell (Mickey) Hanna White was indicted for the murder of Oscar Holcombe "by stabbing him with a knife" in violation of § 13A-6-2, Code of Alabama.

The Honorable Arthur Clarke was appointed to represent the appellant and at arraignment entered a not guilty plea and filed an extensive motion to produce. This motion was handled by agreement with the district attorney's office and the cause thereafter proceeded to trial.

The jury found the appellant "guilty of murder as charged" and following a sentencing investigation, at which two prior felonies were placed in evidence, the appellant was sentenced to life imprisonment.

At trial, Ralph Kirk Engelberger, told of driving to the home of Oscar Holcombe on the afternoon of July 2, 1981, to borrow a lawn mower. He stated he had a friend of his ride over with him. He knocked on the door, but noticed that the back door was open, and upon not getting a response, he opened same. He stated he called for Holcombe and noticed a musty odor about the house and he and his companion went in. They noticed that the phone was unplugged and upon walking back into the bedroom, found the body of Oscar Holcombe. He then telephoned police. He stated on cross-examination that he did not see any marijuana in the house.

Officer Larry Hearne testified that in response to a dispatch, he went to 1203 Middle Ring Road at about 12:30 p.m. on July 2, 1981. Upon entering the home, he found the body of a white male, who had been lying face down in a pool of blood, with a number of what appeared to be stab wounds. He stated that he found a set of scales and some bags of white powdery material and upon later search of the home, some marijuana was found.

Detective Sergeant Wilbur Williams testified that he went to the home of Oscar Holcombe, the victim, about 12:45 in the afternoon of July 2, 1981, and there conducted an investigation of a homicide. He took a number of photographs, including those of an automobile in which he found some marijuana and identified a single piece of paper from a desk pad, dated June 30, 1981, with the name "Mickey" and a telephone number. Later investigation determined that the telephone was listed to one Larry B. Wilson who lived at 118 Glenwood Street, Mobile, Alabama, but in fact, the phone number belonged to one Johnny Chestang. He also described human blood which was found on the wall and on a towel and further identified a towel which was later found in a dumpster just outside a 7-11 store in Chickasaw on July 2, 1981, at the intersection of Thompson Boulevard and Iroquois Street. He testified that he found a total of 5145.1 grams or 11.34 pounds of green plant material in the car and home, which were later determined to be marijuana.

The stepmother of the victim, Emma Holcombe, stated that she last talked with her stepson on the evening of June 30, 1981, between 6:15 and 7:15 by telephone.

John Boyd, a 25 year old white laborer, testified that along with a friend named Kenny Biggs, he drove to the home of Oscar Holcombe on the night of June 30, 1981, where each purchased 1/4 pound of marijuana and paid Holcombe $165 each. He stated that this was about 6:30 that evening and that they noticed a small gray, four door car, either Datsun or Toyota, in front of the house with two men inside. He stated that after paying Holcombe for the marijuana, they left.

Richard Harbin, who lived at 206 Autumn Drive, Saraland, Alabama, testified that he knew the appellant, Mitchell "Mickey" Hanna White, and stated that on the morning of June 30, 1981, White requested him to give him a ride to see a friend in Chickasaw. He stated that he had a 1972 Datsun, gray, and that they drove out by the house of a man that White stated he could purchase some marijuana from. He later took White by White's mother's house. He stated that they went back by the house past Chickasaw toward Saraland and parked. They saw a maroon colored car with two men go in the house. He stated that after the two men left, White got out, saying that he wanted to get something from the man inside. He stated that when the appellant returned, he was carrying a garbage bag and holding his arm and had something wrapped around it which looked like a towel. White said that there was some marijuana in it. He stated that at that time he did not notice a cut or injury, but that later White asked him to take him back by his mother's and he said that he had cut his hand and arm on a shovel and wanted something to put on it. He stated that he went in his mother's house and came out wearing the same clothes, but had bandaged his arm and that White got him to take him by the Suburban Hospital where he was treated for a deep cut on his arm. He stated that later the two of them went and had some drinks.

On cross-examination, he said that he did not notice any blood on the appellant when he came out of the residence where he bought the marijuana at first. Upon being shown a towel on cross-examination, he said that it looked like the towel that he had seen in the appellant's possession when leaving the house.

Dr. Leroy Riddick, coroner for Mobile County, stated he performed an autopsy on the body of Oscar Holcombe on July 2, 1981. He said that the body was partially decomposed and that he estimated the man had been dead for 30 to 36 hours. He stated that there was more than 10% alcohol in the blood and also traces of Methaqualone. He stated that he found eight or nine serious stab wounds on the body and the cause of death was due to multiple stab wounds to the neck, chest and flank. He examined a "butcher knife" and said that the knife wounds on the body would be consistent with the use of such a knife.

Wayne Keith Plaisance testified that he was shown a piece of paper from the desk calendar with a name and phone number on it by Sergeant Williams on July 7, 1981, and stated that he wrote the name "Mickey" and a phone number on same, 479-3935, before Oscar Holcombe died. He stated that he wrote this on June 30, 1981.

Cindy Saint Laurent testified that appellant, Mitchell Hanna White, telephoned her July 1, 1981, stating that he wanted to talk to her ex-fiance, Donald. She stated that she picked him up at his mother's home in Chickasaw and took him by Eckerds Drug Store to get a prescription and then by his cousin's house. She stated that they stopped by a Jill's Lunchbox in Saraland, and then he asked her to stop near a 7-11 on Iroquois Street, and she saw him walk behind the 7-11 and throw some items from a brown paper bag into a Dempsey dumpster. When he returned to the car, the bag and its contents were not with him. She also noticed him open a...