Smith v. State
Smith v. State
Opinion
The appellant was indicted for murder, in violation of § 13A- 6-2, Code of Alabama 1975. She was found guilty of the lesser included offense of manslaughter and was sentenced to 10 years in prison. She raises three issues on appeal.
George Lee Smith, the appellant's husband, testified that there were several people at his house on the evening of March 30, 1990. The victim, Winford Moore, came to his house with Bobby Carter. Smith testified that Carter was an acquaintance of his and that he had never seen Moore *Page 471 before. He testified that he went into the den with Moore and Carter. After approximately 20 minutes, Moore stated that he wanted to "mess with the ladies" and started to curse. (R. 43.) Smith testified that when Carter left, he asked Moore to leave with Carter. He stated that Moore refused and said, "I'm not going no damn where." (R. 45.) Smith testified that he continued to ask Moore to leave. Moore continued to refuse, and he used more profanity. Smith testified that the appellant was standing in the doorway during his conversation with Moore. Smith grabbed Moore and told him that he needed to leave. Smith testified that Moore swung at him and missed. Moore swung a second time and missed again. Smith testified that the appellant shot Moore when Moore moved his hand toward the pocket of his pants. Smith further testified that his back was to the appellant when the shooting occurred. He also testified that he never saw a weapon on Moore.
Joyce Baker, the appellant's aunt, testified that Winford Moore was at the appellant's house on the evening of March 30. She testified that she did not believe that he had any weapon. She stated that she went into the den and that Moore cursed at her and grabbed her arm and she then left the room. She testified that Smith and the appellant were trying to get Moore out of the house. She stated that she heard a noise that sounded like a firecracker and that she then saw the appellant in the hallway and Moore on the floor.
Bobby Carter testified that he went to the appellant's house with Moore and that they stayed for approximately 45 minutes. He testified that he did not see any weapon on Moore.
Officer Phillip Byrum of the Huntsville Police Department testified that he responded to a call concerning a shooting at the appellant's home. When they arrived, they found that Moore had a bullet wound in the neck area. After being advised of herMiranda rights, the appellant stated that when Moore was asked to leave, he started fighting with her husband. She stated that Moore and her husband were wrestling and that she pulled a gun and shot Moore. She also stated that Moore and her husband did not hit each other. Sergeant Andy Jackson of the Huntsville Police Department testified that Moore was pronounced dead at the hospital. The State rested, and the appellant's motion for judgment of acquittal was denied.
The appellant testified that after Bobby Carter went to his automobile, her husband told Moore that he needed to leave because his ride was leaving. She testified that Moore "started clowning and arguing around and said he wasn't going no damn where." (R. 132.) Her husband put his arm on Moore's shoulder and told him to leave. Moore and her husband started fighting, and Moore swung at her husband. She testified that Moore's first swing missed her husband, but that his second swing grazed her husband's face. She testified that her husband fell against the wall and that she then shot Moore. She then testified that she shot Moore when she saw his hand move toward his pocket. On cross-examination, the appellant testified that she did not see Moore with any kind of weapon and that they had no difficulties with him until he was asked to leave. Numerous character witnesses also testified on the appellant's behalf.
"Once the issue of self-defense is raised, the State must prove that the accused did not act in self-defense in the sense that the State must prove a prima facie case of unjustified homicide." Ex parte Johnson,
The State presented evidence that Moore and the appellant's husband were wrestling when the appellant fired the gun. Although the appellant claimed that she acted because she believed the victim was *Page 472
reaching for a weapon, all of the evidence indicates that the victim was unarmed. A jury question was presented as to whether the appellant reasonably believed that the victim was using or was about to use deadly force against her or her husband so as to justify her actions. See Johnson. The State's evidence sufficiently negated the appellant's theory of self-defense, and the appellant's motion for judgement of acquittal was properly denied. We note that "Section
"In order for intoxication to render a confession inadmissible, it must be shown that the mind of the defendant was substantially impaired when the confession was made."Hubbard v. State,
For the reasons set forth above, the judgment is due to be, and it hereby is, affirmed.
AFFIRMED.
All the Judges concur.
Reference
- Full Case Name
- Pearline Robinson Smith v. State.
- Cited By
- 8 cases
- Status
- Published