Henry v. State
Henry v. State
Opinion
The appellant was indicted by the Mobile County grand jury for robbery in the second degree, in violation of Code ofAlabama (1975), §
The appellant was charged with robbery in the second degree. Such conduct is proscribed by Code of Alabama (1975), §
"(a) A person commits the crime of robbery in the second degree if he violates section
13A-8-43 and he is aided by another person actually present."
§
"(a) A person commits the crime of robbery in the third degree if in the course of committing a theft he:
"(1) Uses force against the person of the owner or any person present with intent to overcome his physical resistance or physical power of resistance; or
"(2) Threatens the imminent use of force against the person of the owner or any person present with intent to compel acquiescence to the taking of or escaping with the property."
The general rule in Alabama is that "[a]n aider or abettor in the commission of a felony must be tried as a principal.Code of Alabama (1975), § 13-9-l." Wright v. State,
The record of this case indicates that four women, later found to be passengers in the appellant's car, were observed while shoplifting in a Mobile department store. The women left the store without paying for the merchandise in their possession, and were followed into the parking lot by four employees of the store, including Ray Jones, who was the store's chief of security and who was also a state constable. Jones identified himself and attempted to stop the women, who were walking toward the appellant's car. A brief scuffle ensued, at which time the appellant exited his vehicle carrying a hookbill knife, threatened to kill the store's employees, and cut Jones on the arm with his knife.
At this point, the four women and the appellant got into the appellant's car and drove away from the store, with Jones in pursuit. While attempting to elude the car driven by Jones, the occupants of the appellant's *Page 770 vehicle began throwing the stolen merchandise from the windows of the car. Shortly thereafter, the appellant's car was stopped by Jones and Detective Lark Dodd of the Mobile County sheriff's department, who was responding to Jones's radio request for assistance. A search of the appellant's car yielded the hookbill knife and three other knives, all of which were admitted into evidence. Jones also recovered the stolen merchandise that had been thrown from the appellant's car.
In determining whether to grant a motion for judgment of acquittal, the trial court must consider the evidence in the light most favorable to the State. Andrews v. State,
The State in this case proved more than the "mere presence" of the appellant at the scene of the crime. While he may not have entered the store and stolen the merchandise himself, the appellant's actions in assisting the escape of the four women showed his consciousness of guilt and indicated that he intended to aid and abet the commission of the theft. The State's evidence was sufficient to sustain the conviction, notwithstanding appellant's suggestion that he was unaware that a crime had been committed. "Where the evidence is conflicting as to the defendant's connection as an accomplice or co-conspirator, a jury question is presented." Sanders v.State, supra, citing Watkins v. State,
The appellant further contends that he was improperly convicted based upon circumstantial evidence that unfairly allowed the jury to infer his participation in the underlying theft. As it is clear from the record that the circumstantial evidence offered against the appellant could lead only to the inference that he was guilty of aiding or abetting the commission of the theft, and was inconsistent with every reasonable hypothesis of his innocence, this Court finds no merit in appellant's argument. See Andrews, supra, at 1216;Cumbo v. State,
"THE COURT: You can go down and go back out in the hall.
"MR. SOTO: Mamie Robinson.
"A SPECTATOR: Judge, I need to know if you all are through with her for the day because I have to take her out to the youth center.
"THE COURT: What did he say?
"A SPECTATOR: I'm a juvenile officer, Sir, from the Mobile Police Department, and I have a warrant for her arrest. If you are through with her today. . . .
"MR. SOTO: I object. . . .
"A SPECTATOR: I would like to take her on out and book her.
"THE COURT: Well, you can put her under arrest. . . . Are you through with her?
"MR. SOTO: Yes sir. And I will object to that being said in front of the jury. It is going to prejudice them against that child.
"THE COURT: Well, certainly, you should have waited and got me or got the jury out of here before you told us *Page 771 about that. Go ahead. (Spectator leaves with witness.)
"MR. SOTO: Your Honor, I move for a mistrial.
"THE COURT: And I deny that motion."
After the defense rested its case, and before closing arguments were presented, the trial court conducted a voir dire of the jury. The court referenced the exchange described above, and then asked each juror whether the incident would affect his or her ability to determine the appellant's guilt or innocence based upon the evidence presented. After each juror stated that the incident would have no effect on his or her ability to reach a verdict, closing arguments were made, and the case was submitted to the jury.
The grant or denial of a mistrial is a matter within the sound discretion of the trial court and will be disturbed only upon a showing of manifest abuse of that discretion. Baker v.State,
The trial court made a diligent effort to eliminate any prejudicial impact that this incident had on the appellant's case. The trial court questioned each juror as to his or her ability to decide this case based upon the facts in evidence, and submitted it to the jury only after being satisfied that, in fact, no prejudice or bias occurred as a result of the incident. It is our finding that the incident did not deprive the appellant of a fair and impartial trial. Accordingly, the trial court did not err in denying the appellant's motion.
Although this occurrence had the potential to prejudice the appellant's case, and the prosecution's involvement is highly suspect and would be strongly improper, where due process is in issue, the emphasis of this Court should not center on the impropriety of the prosecutor, but the avoidance of an unfair trial for the accused. cf. Mooney v. Holohan,
"DEFENDANT'S REQUESTED JURY CHARGE NO. 12
If the jury, upon considering all of the evidence, has reasonable doubt about the defendant's guilt arising out of any part of the evidence, then you should find the defendant not guilty. The prosecution must prove each and every element beyond a reasonable doubt and to a moral certainty. Reasonable doubt does not mean a doubt for which you as the juror can actually state a particular reason. A jury may draw reasonable inferences from the evidence but there must be a reasonable connection between the fact proved and the ultimate fact inferred. Inferences may be drawn only from the facts established by the evidence. An inference may not be drawn from another inference."
Initially, it should be noted that not all of the evidence presented by the State was circumstantial. "Requested charges concerning circumstantial evidence are properly refused where not all of the State's case is derived from circumstantial evidence and where the requested charges do not call for aconsideration of all the evidence." Johnson v. State,
Requested charges 18, 19, and 20, while being correct statements of law, contain *Page 772
no instructions as to their effect upon, or application to, the issues involved in the case. Edwards v. State,
All of the statements complained of by the appellant occurred outside the presence of the jury. The statements, either individually or collectively, did not influence, and were not intended to influence, the result of this case. Therefore, the statements do not furnish a ground for reversal. See Oglen v.State,
For the foregoing reasons, this cause is due to be affirmed.
AFFIRMED.
All Judges concur except PATTERSON, J., concurring in result only.
Reference
- Full Case Name
- Enoch Henry v. State.
- Cited By
- 28 cases
- Status
- Published