Brown v. State

377 So. 2d 1139, 1979 Ala. Crim. App. LEXIS 1533
Court of Criminal Appeals of Alabama·Decided October 30, 1979·No. 1 Div. 64·Published·Cited by 3 cases

Opinion

TYSON, Judge.

George Brown was indicted in March, 1979, for the offense of manslaughter in the first degree. Trial was had on a plea of not guilty on May 14, 1979. The following day the jury found the appellant “guilty as charged in the indictment” and set sentence at six years imprisonment. This appeal followed.

[MCCXX]*MCCXXL. C. Johnson of the Alabama State Troopers testified that, on November 14, 1978, at about 6:00 o’clock in the evening, he responded to a report of an accident on Alabama Highway 188 in South Mobile County. Upon arrival at the scene, Trooper Johnson discovered that a 1969 Buick and a 1969 GMC pickup truck had apparently collided. Trooper Johnson recalled that the appellant was lying on the roadway near the front of his vehicle with his wife holding his head and that he had head injuries and a broken leg. The trooper observed that the floorboard of the car in which the appellant had been riding was pushed in on the driver’s side and that the steering wheel was caved in. He also noticed that the windshield was cracked and pushed out and that the vehicle had material, skin and hair above the windshield on the driver’s side. The officer also testified that he checked the occupant of the pickup truck for vital signs and found none.

Trooper Johnson stated that during his nine years, as a state trooper he had investigated approximately one thousand accidents. He said he received training in accident reconstruction at the State Trooper Academy, and that a month prior to the accident in question he received further training in accident reconstruction at a homicide investigator’s school.

Based on his observations of tire marks and “gouge” marks at the scene of the accident, Trooper Johnson opined that the impact between the two vehicles occurred approximately four feet into the deceased’s lane.

On cross-examination, Trooper Johnson stated that he did not complete his investigation on the night of the accident, but came back the next day. He admitted that he did not check the undersides of the vehicles to see if any damage to them would be consistent with the gouge marks in the road. He further admitted that he was told at the scene that appellant’s wife was the driver of the car and that he, therefore, listed her as such on the accident report.

On redirect examination, Trooper Johnson testified that, based on his observations of the damage to the interior of the Buick automobile and of appellant’s injuries, it was his opinion that appellant’s injuries were consistent with his being the driver of the automobile.

Officer Richard Barginer of the Bayou La Batre Police Department stated that when he arrived at the scene of the accident he overheard the appellant say in an excited tone, “Don’t say I was driving, don’t tell ’em I was driving” (R. p. 56).

On cross-examination, the officer testified that no one made any statement before or after the statement referred to above.

Detective Warren Baker of the Mobile County Sheriff’s Department testified that he investigated the accident, along with Trooper Johnson, on the night of November 14, 1978. Detective Baker testified that he had been responsible for accident investigations while he was in the Air Force and had reconstructed thousands of accidents in his career. Over objection, Detective Warren stated that, at the point of impact, the vehicles were in the position indicated in Trooper Johnson’s testimony. Detective Baker stated that he had examined approximately fifty to one hundred corpses on prior occasions. He said he examined the gentleman in the wrecked pickup truck, and, over objection, stated that in his opinion the man was dead.

Appellant called his wife, Ruth Brown, as his first witness. Mrs. Brown recalled that she was working in a fish house in Bayou La Batre on the day of the accident. She said she was picked up afterwards by her husband and four others, and she began driving the car. Mrs. Brown stated that she hit a rut in the side of the road, lost control of the car and struck the GMC truck. Furthermore, Mrs. Brown testified that as a result of the collision she received scratches on her face and bruises on her chest and hips. She said that her husband was beside her in the front seat, and, when the vehicles collided, the dashboard crushed his leg.

[MCCXXI]*MCCXXIOn cross-examination, Mrs. Brown stated that, although her husband had a broken leg, he did not have chest injuries. She also stated that at the scene of the accident her husband made no statement about his driving the car. Mrs. Brown also admitted that, except for herself and another lady, everyone in the car had been drinking. She said she did not know how much her husband had been drinking.

The next four witnesses for the defense all testified that they were riding in the car with the appellant at the time of the accident. All testified that Mrs. Brown was driving the car when the collision occurred.

The appellant, George Brown, testified that he was an oysterman and had two children. The appellant admitted that he had been drinking prior to the accident, but insisted that his wife was driving the car at the time of the collision. He said his wife hit a hole in the road and lost control of the car, and all he remembered after that was the headlights of the other vehicle. Appellant did remember, however, lying on the ground after the accident, but, due to the pain he was experiencing, he recalled nothing specific about what was said or done.

On cross-examination, appellant stated that he sustained no injuries to his chest and that a State Trooper examined his chest while he was in the hospital. Appellant also denied making the statement, “Don’t tell them I was driving.”

I

The first issue raised by appellant is whether at trial he was denied effective assistance of counsel.

It appears from the record that appellant was represented at trial by two attorneys. In exchange for use of office space, one of the attorneys, Herman Padgett, did a certain amount of work for the other attorney, Robert Beckerle. Apparently the appellant had contacted Mr. Beckerle about his difficulty. Mr. Beckerle then asked Mr. Pad-gett to appear at appellant’s arraignment on April 20, 1979, which Mr. Padgett did. At arraignment, appellant was given ten days in which to file special pleas, and trial was set to commence some three weeks later.

A day or two after arraignment, at Mr. Beckerle’s urging, Mr. Padgett met with appellant to discuss “a preliminary course of action,” and the fee, fifteen hundred dollars. Appellant stated that he was unable to raise the fee and thus the two lawyers apparently did nothing further in preparation for trial.

At trial, Mr. Padgett made a motion to withdraw from the case, which was denied. The two attorneys also moved for a continuance, which was also denied.

The trial court, however, indicated a willingness to accommodate the appellant by issuing instanter subpoenas, and by recessing the case until the next day if defense counsel thought it helpful or necessary.1

When trial was commenced, appellant’s counsel conducted a zealous and expert defense of their client. They were vigorous in the cross-examination of the State’s witnesses and made numerous motions and objections.

Free access — add to your briefcase to read the full text and ask questions with AI

Brown v. State, 377 So. 2d 1139, 1979 Ala. Crim. App. LEXIS 1533 (Ala. Ct. App. 1979).

377 So. 2d 1139 (Brown v. State) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Related

Whittington v. State
523 So. 2d 966 (Mississippi Supreme Court, 1988)
McLoyd v. State
390 So. 2d 1115 (Court of Criminal Appeals of Alabama, 1980)
Franklin v. State
378 So. 2d 759 (Court of Criminal Appeals of Alabama, 1979)