Lewis v. State
Lewis v. State
Opinion
The appellant, Sampson Lewis, was convicted of kidnapping in the first degree and of rape in the first degree, violations of §
The state's evidence tended to show that the victim, whom we shall refer to only as Ophelia, was taken by force from the Cleveland Avenue Bar Grill in Montgomery and raped by the appellant. She testified that the appellant approached her in the bar and offered her $40.00, stating "he wanted a lady." Ophelia attempted to ignore the appellant's suggestion. Appellant then ordered her a drink and forced her to drink it. He also showed Ophelia the gun he was carrying and told her "[Y]ou'd better do what I tell you." Ophelia, fearing for her life, left the bar with the appellant. Appellant shoved Ophelia into his car and drove to a rooming house. Ophelia was led to his room, where she was raped. After the appellant got out of bed, Ophelia ran out of the room, past the front desk, to the street.
"Q: Ophelia . . . have you ever tried to make any kind of living by prostitution?
"A: No, I haven't."
As Judge Bowen stated in Wooten v. State,
"[E]vidence that the prosecutrix was a woman of chaste or unchaste character is perfectly competent evidence as bearing on the probability or improbability of her consent to the alleged act of intercourse with the accused. Griffin v. State,
155 Ala. 88 ,46 So. 481 (1908). Though this rule is now limited by Section12-21-203 , Code of Alabama 1975, restricting evidence relating to the past sexual behavior of the complaining witness to that directly involving the participation of the accused, the jury has the right to consider any proper evidence on this subject, its weight and effect being solely within their determination."
Section
"(b) In any prosecution for criminal sexual conduct or for assault with intent to commit, attempt to commit or conspiracy to commit criminal sexual conduct, evidence relating to the past sexual behavior of the complaining witness, as defined in subsection (a) of this section, shall not be admissible, either as direct evidence or on cross-examination of the complaining witness or of other witnesses, except as otherwise provided in this section.
"(c) In any prosecution for criminal sexual conduct, evidence relating to the past sexual behavior of the complaining witness shall be introduced if the court, following the procedure described in subsection (d) of this section, finds that such *Page 622 past sexual behavior directly involved the participation of the accused."
Appellant also argues that the trial court erred in not allowing defense counsel to cross-examine a Mr. Simmons, who lived near the bar, as to Ophelia's reputation as a prostitute. The trial judge allowed defense counsel to conduct a voir dire examination of the witness. During voir dire, Mr. Simmons stated that he did not know of any prior sexual relations between Ophelia and the appellant.
Defense counsel presented no evidence of any past sexual relations between the appellant and the victim. Any evidence of past sexual relations between the victim and any third persons "is immaterial and irrelevant." McGilberry v. State,
The trial judge committed no error in this regard.
Appellant also argues that the trial court erred in not allowing his attorney to question the owner of the bar, Mr. Howard, about whether Ophelia was known to be a prostitute. An objection was sustained to a question concerning her intimate relationships with third persons. As stated above, only past sexual relations with the appellant, and not third persons, is relevant. See, McGilberry, supra.
The trial court correctly disallowed any questions dealing with this issue.
This court stated in Smelcher v. State,
Further, the statements would be admissible as spontaneous exclamations, and as such would be exceptions to the hearsay rule. See Harris, supra.
"Q: (By Mr. Howell) Does your case file reflect a further statement to your partner?
"A: Yes, I think it does. It reflects that he then thereafter changed his story to say that he was in Montgomery at the time of this rape."
When Officer Dotson testified, defense counsel attempted to introduce the rest of the statement, which had been partially introduced. The trial court refused to receive the remainder of the conversation into evidence.
The Alabama appellate courts have dealt with this issue on many occasions and has repeatedly held that when a portion of a witness's statement is received into evidence, the opposing party has the right to have the entire statement admitted into evidence.
The case of Logan v. State,
The ruling by the trial court resulted in prejudice to the appellant. Because of these rulings by our highest court in similar cases, we have no choice but to reverse and remand this case for a new trial or other proceedings not inconsistent herewith.
REVERSED AND REMANDED.
All the Judges concur.
Reference
- Full Case Name
- Sampson Lewis v. State.
- Cited By
- 5 cases
- Status
- Published