Granger v. State
Granger v. State
Opinion
Haywood Granger was indicted and convicted for the sale of marijuana. Sentence was a $25,000 fine and fifteen years' imprisonment.
The basis of the State's case is found in the testimony of Northport Police Officer Norman Willingham, who was working as an undercover agent for the West Alabama Narcotics Squad. He testified that he purchased a bag of marijuana for $35 from the defendant on August 6, 1982, in Aliceville. He was positive and unequivocal in his identification of the defendant.
The defendant presented a substantial alibi defense. He testified that on August 6th he was on vacation in New York City and Philadelphia with his family and that he did not return to Aliceville until *Page 1139 August 7th. His testimony was corroborated by the testimony of his mother, his wife, and his cousin from New York City. The defendant also presented a motel bill and two service station receipts to show that he was not in Aliceville at the time Officer Willingham purchased the marijuana. This conflict in the evidence presented a question only the jury could resolve.
Under these circumstances, someone is either terribly mistaken or intentionally lying. This Court, having neither seen nor heard any witness, is not capable of making that determination. The fact that documents, in the form of receipts, support the defendant's testimony certainly lends credence to his defense. However, documents can be altered or forged. Those documents cannot be considered conclusive in establishing the defendant's whereabouts at the time of the charged sale of marijuana. "The role of appellate courts is not to say what the facts are. Our role, . . . is to judge whether the evidence is legally
sufficient to allow submission of an issue for decision to the jury." Ex parte Bankston,
"[A]libi evidence is always a jury question." Ransom v. State,
This Court must revise and overturn the verdicts of juries "where, in our opinion, after making all proper allowances and indulging all reasonable intendments in favor of the court below, we reach the conclusion that the finding and judgment are wrong."Hunter v. State,
The only purpose of the admission of evidence of other offenses in this case was to show identity. However, the other sales were not relevant to prove identity unless both those offenses and the crime for which the defendant was prosecuted were "`signature crimes' having the accused's mark and the peculiarly distinctive modus operandi so that they may be said to be the work of the same person." Bighames v. State,
The admission of Richey's testimony violated the very reason for the rule excluding *Page 1140 the admission of other offenses because its only function was to show the defendant's "bad character, inclination or propensity to commit the type of crime for which he [was] being tried." C. Gamble, McElroy's Alabama Evidence § 69.01 (1) (3rd ed. 1977).
The indictment charged that the defendant sold marijuana to Norman Willingham on "August 6, 1982, while at or near the VFW Park located just off Highway 17 South in Aliceville." Where the accused is charged with a specific sale of controlled substances, evidence of another sale at a different time and place is inadmissible, Hill v. City of Prattville,
The defendant is entitled to a fair trial at which he is tried for the alleged offense and that offense only. The judgment of the circuit court is reversed for the erroneous admission of the evidence of other offenses. This cause is remanded for further proceedings.
REVERSED AND REMANDED.
All Judges concur.
Reference
- Full Case Name
- Haywood Granger v. State.
- Cited By
- 24 cases
- Status
- Published