White v. State, 6 Div. 281
| Court | Alabama Court of Criminal Appeals |
| Writing for the Court | TYSON; Bookout; BOWEN |
| Citation | 347 So.2d 566 |
| Parties | Johnny Joe WHITE, alias v. STATE. |
| Decision Date | 07 June 1977 |
| Docket Number | 6 Div. 281 |
Page 566
v.
STATE.
Rehearing Denied June 28, 1977.
Michael Crespi, Headland, for appellant.
William J. Baxley, Atty. Gen., Montgomery, and Barry V. Hutner, Asst. Atty. Gen., Birmingham, for the State.
TYSON, Presiding Judge.
The indictment charged Johnny White with the robbery of one Betty Phillips by taking $5.00 and one .25 automatic pistol from her person and by putting her in fear. The jury found the appellant guilty as charged and fixed punishment at ten years
Page 567
imprisonment. The trial court then set sentence in accordance with this verdict.Betty Phillips testified that on January 12, 1976, around 11:15 p. m., she was working her shift with the Veteran Cab Co. in Birmingham, Alabama. At this time she received a call over her radio to pick up a fare at the emergency entrance of University Hospital in downtown Birmingham, Alabama. When she arrived the appellant came through the emergency door and got in the front seat of her cab. The appellant then told Phillips he wished to go to "1716 33rd Street, North." A few minutes later, the appellant changed the address and informed Phillips that he wished to go to "1716 33rd Avenue." Phillips then asked the appellant if he wanted "to go to ACIPSO," and he replied, "That's right." Phillips testified that when she arrived at the 1700 block of 33rd Avenue, the appellant told her to go to the corner and turn left, which she did. Upon turning, the appellant directed Phillips to 34th Avenue, at which point he told her to pull up in front of a house with a green porch light. Phillips testified that the appellant reached into his pocket while she was writing down the fare as if to get some change. Instead, he (the appellant) pulled out a knife and stabbed Phillips in the side. Phillips then wrestled with the appellant while grabbing underneath the seat of the car for her .25 automatic pistol. The appellant, according to Phillips, took the pistol and directed her to hand over all her money, which she did. At this point, Phillips testified the appellant directed her to drive down 34th Avenue and take a left at 17th Street, which she did. Phillips testified that the appellant then told her to turn right on 32nd Avenue or else he would "blow (her) brains out," to which she replied, "O.K., if I'm gonna die, you're going with me." According to Phillips' testimony, she then "put the gas pedal on the floor" and proceeded through downtown Birmingham, reaching speeds of up to 120 miles per hour. During this time Phillips testified that the appellant placed both the knife and the pistol on the dashboard to get Phillips to slow down. When she would slow down the appellant would grab both the knife and the pistol, at which point she would speed back up again, according to Phillips. Then at the intersection of 17th Street and 11th Avenue North, Phillips' taxi ran into another car and both Phillips and the appellant were knocked unconscious.
The appellant's testimony is somewhat different. The appellant testified that he told Phillips to take him to ACIPSO. Upon arriving at ACIPSO, he told Phillips that it was the wrong address. Then according to the appellant, Phillips said, "Hey, you look like a robber," and then pulled a gun on him (the appellant). The appellant testified that he knocked the pistol out of Phillips' hand and that he then pulled out his knife and wrestled with her until she began speeding through Birmingham.
Appellant contends that the State exceeded the proper bounds of impeachment for prior convictions and therefore appellant's motion for a mistrial should have been granted.
During the cross-examination by the State, the following occurred (R. pp. 69-71):
"Q. Mr. White, on August 18, 1970, were you convicted of burglary?
"A. Oh, yes, sir.
"Q. On January 20, 1972, were you convicted of burglary?
"A. I'm thinking. Yes sir.
"Q. And on January 22 of 1976, were you convicted of assault with intent to rape?
"A. Yes, sir. On appeal.
"Q. Did you use a knife on that occasion? Assault with intent to rape?
"A. No.
"MR. CRESPI: Your Honor, I object.
"THE COURT: I sustain objection.
"MR. CRESPI: Your Honor, I would move, at this time, for the Court to declare a mistrial.
"THE COURT: I'll overrule your objection because the witness answered the question before you could get your objection
Page 568
out, and I instruct the witness that when one of the attorneys objects, not to go ahead and answer."I do sustain objection, and instruct the jury not to consider that question and answer pertaining to whether or not the assault with intent to ravish or rape was committed with a knife. That's not for any concern or consideration.
"MR. BARBER: That's all the questions I have.
"MR. CRESPI: Your Honor, I would like to renew my motion at this time.
"THE COURT: Overruled."
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Favor v. State, 4 Div. 790
...convicted of a crime involving moral turpitude for the purpose of attacking his credibility as a witness. White v. State, Ala.Cr.App., 347 So.2d 566 (1977); § 12-21-162, Code of Ala.1975. However, care should be exercised so as not to include an offense that Page 560 does not involve moral ......
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Minnifield v. State, 2 Div. 280
...court did not commit error in overruling the objection. Hicks v. State, Ala.Cr.App., 372 So.2d 61 (1979); White v. State, Ala.Cr.App., 347 So.2d 566 (1977); Retowsky v. State, Ala.Cr.App., 333 So.2d 193 Appellant finally argues that the trial court erred in a portion of its oral charge to t......
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Smith v. State, 6 Div. 125
...335 So.2d 683, Cert. denied, Ala., 335 So.2d 688 (1976) and cases cited therein at 335 So.2d 685; White v. State, Ala.Cr.App., 347 So.2d 566 The appellant maintains that the evidence was insufficient to support a conviction because there was no proof of penetration and no proof of force or ......
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Chambers v. State, 6 Div. 385
...on the motion. We hold that the trial court did not err in its ruling. Ausborn v. State, 346 So.2d 1191; White v. State, Ala.Cr.App., 347 So.2d 566; Embrey v. State, 283 Ala. 110, 214 So.2d 567; Walker v. State, 265 Ala. 233, 90 So.2d 221; Roynica v. State, 54 Ala.App. 436, 309 So.2d Appell......
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Favor v. State, 4 Div. 790
...convicted of a crime involving moral turpitude for the purpose of attacking his credibility as a witness. White v. State, Ala.Cr.App., 347 So.2d 566 (1977); § 12-21-162, Code of Ala.1975. However, care should be exercised so as not to include an offense that Page 560 does not involve moral ......
-
Minnifield v. State, 2 Div. 280
...court did not commit error in overruling the objection. Hicks v. State, Ala.Cr.App., 372 So.2d 61 (1979); White v. State, Ala.Cr.App., 347 So.2d 566 (1977); Retowsky v. State, Ala.Cr.App., 333 So.2d 193 Appellant finally argues that the trial court erred in a portion of its oral charge to t......
-
Smith v. State, 6 Div. 125
...335 So.2d 683, Cert. denied, Ala., 335 So.2d 688 (1976) and cases cited therein at 335 So.2d 685; White v. State, Ala.Cr.App., 347 So.2d 566 The appellant maintains that the evidence was insufficient to support a conviction because there was no proof of penetration and no proof of force or ......
-
Chambers v. State, 6 Div. 385
...on the motion. We hold that the trial court did not err in its ruling. Ausborn v. State, 346 So.2d 1191; White v. State, Ala.Cr.App., 347 So.2d 566; Embrey v. State, 283 Ala. 110, 214 So.2d 567; Walker v. State, 265 Ala. 233, 90 So.2d 221; Roynica v. State, 54 Ala.App. 436, 309 So.2d Appell......