Patterson v. State
Patterson v. State
Opinion of the Court
Certiorari was granted in this case under Rule 39(c)(4), A.R.App.P. Specifically, the question to be resolved is whether the finding of the Court of Criminal Appeals respecting the lack of circumstantial evidence of guilt is consistent with prior decisions on that subject. Upon review, we hold that the finding is not consistent; therefore, we reverse and remand the cause to that court.
A recitation of all the evidence on the defendant’s connection with or participation in the charged offenses of third degree burglary and first degree theft of property is unnecessary. The opinion of the Court of Criminal Appeals, 538 So.2d 37, recites relevant evidence on our particular inquiry. Deborah Ward, the wife of one of the burglars, “Squirrel” Ward, testified at trial that her husband telephoned the petitioner from their home in her presence; that the petitioner came to their home a short time later and then left the house in the company of “Squirrel” Ward and the other burglar, “Pudgey” Mahaffey, both of whom confessed to the burglary; that after an hour or two the three men returned and sat at the dining room table counting and dividing a large sum of money in bills; and that this occurred on the night the Hudson Oil Company was burglarized.
Mrs. Ward also testified that she gave a statement conflicting with her testimony because of threats made by petitioner upon her life if she should testify against him. See Haisten v. State, 50 Ala.App. 504, 280 So.2d 209 (1973) (threat of harm an implied admission of guilt).
We respectfully disagree with the Court of Criminal Appeals, which found this case
REVERSED AND REMANDED.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.