Meadows v. State

473 So. 2d 582
CourtCourt of Criminal Appeals of Alabama
DecidedMay 14, 1985
StatusPublished
Cited by16 cases

This text of 473 So. 2d 582 (Meadows v. State) is published on Counsel Stack Legal Research, covering Court of Criminal Appeals of Alabama primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Meadows v. State, 473 So. 2d 582 (Ala. Ct. App. 1985).

Opinion

473 So.2d 582 (1985)

Donald Ray MEADOWS
v.
STATE.

6 Div. 524.

Court of Criminal Appeals of Alabama.

February 12, 1985.
On Return to Remand May 14, 1985.
Rehearing Denied June 11, 1985.

*583 John R. Hollingsworth, Hollingsworth & Clary, Fayette, for appellant.

Charles A. Graddick, Atty. Gen., and Jean Alexandra Webb, Asst. Atty. Gen., for appellee.

PATTERSON, Judge.

The appellant, Donald Ray Meadows, was indicted and convicted of the offense of assault in the first degree, which is proscribed by § 13A-6-20(a)(1), Code of Alabama 1975. He was subsequently sentenced to a term of thirty years' imprisonment.

Although Meadows did not contest the sufficiency of the State's evidence either at trial or on appeal, we include a rendition of the facts presented by the prosecution as follows:

The victim, Michael Parrish, went to his half-brother's house on August 22, 1983, to see his ex-wife, Shirley, who was living *584 there with the appellant, Meadows. He wanted to ask her about the identity of the father of her baby. When he arrived, only Meadows was there. Parrish asked Meadows if he could talk to Shirley about the baby and he assured him that he would not harm her. Meadows replied that he did not care.

After they drank a little rum, Parrish's brother joined them and the three of them walked up the road to a house where Parrish bought Meadows, his brother, and himself a beer.

Then, Meadows and Parrish's brother left and Parrish went back to his half-brother's house where he met Shirley. After Parrish and Shirley talked awhile, Meadows returned. They continued talking. After Parrish followed Shirley into a bedroom, Shirley got mad at him and hit him with a pair of scissors. Parrish took the scissors away and pushed Shirley. She then left and Meadows came into the room. Although Parrish did not have a weapon, or threaten Meadows that day, Meadows stabbed him in the side with what looked like a butcher's knife. Then Meadows walked out.

At trial, Parrish testified that, as a result of this injury, he stayed in the hospital almost three weeks and he presently has problems with his legs and hands to such an extent that he is unable to work.

The defense presented evidence that, as the result of an argument between Parrish and Shirley, Shirley armed herself against Parrish's advances with a pair of scissors. After Parrish seized the scissors, he slammed Shirley against the wall. Then Meadows entered the room, Parrish grabbed the scissors, and Meadows stabbed him.

During presentation of the prosecution's case, the physician who treated Mr. Parrish, Dr. Chandran, gave the following testimony:

"Q ... In August, 1983, did you have an occasion to treat a patient by the name of Michael Parrish?
"A Yes, sir.
"...
"Q What was his condition when you first saw him?
"A He was in shock. He had no blood pressure and no pulse and he was just completely confused and shouting something a little bit, but he was in a very serious condition and he was bleeding from the area where he was stabbed.
"Q Would you describe ... the nature of the injury that you worked on him for?
"A Yeah. He was brought inside the emergency room at which time he was in the condition I just described and since blood was gushing out of the wound here and he was in such a serious shock or the impression was that he was severely bleeding from something in the abdomen. So, within five or ten minutes we rolled him into the operating room and cut open the abdomen and we saw that there was a two inch wide cut going through and through the liver from the inferior surface to the superior surface almost near the anterior edge ... of the liver and actually we first saw almost about three thousand cc of fresh blood in the abdomen as soon as he opened up and it was all coming from the liver....
"...
"Q ... So, half of his blood was already lost?
"A Right .... And, we operated on him for seven hours and we gave him thirteen bottles of blood in that period....
"...
"Q ... Doctor, do you have a judgment as to the length of the wound from the entrance point on the body to the end of the cut there?
"...
"A The length would have been at least six inches from the point of entry...."

Then, the following occurred:

"Q ... Doctor, is this injury one that you would classify as a serious injury?
"MR. CLARY [Defense Counsel]: Objection, that would be for the jury to decide.
*585 "THE COURT: I think the doctor is qualified to testify to that. Overruled. "A I think it is one of the most severe injuries that we ever see, this kind of a liver injury.
"...
"Q In your opinion, Doctor, would Mr. Parrish have lived without this surgery?
"A No."

Meadows contends that the trial court erred in allowing, over specific objection, Dr. Chandran, an expert witness,[1] to testify that injuries inflicted upon the victim of an alleged first degree assault were serious injuries. He specifically argues that this testimony consists of the physician's opinion on an ultimate fact in issue and that it constitutes a conclusion involving the application of a legal definition, for § 13A-6-20(a)(1), Code of Alabama 1975, defines the offense of assault in the first degree as follows: "A person commits the crime of assault in the first degree if ... [w]ith intent to cause serious physical injury to another person, he causes serious physicial injury to any person by means of a deadly weapon or a dangerous instrument."

The general rule, as reiterated by this court in Bell v. State, 435 So.2d 772, 775 (Ala.Cr.App.1983), is as follows:

"It is a general principle of evidence that a witness may not testify to the ultimate issue in the case. Pointer v. State, 283 Ala. 320, 216 So.2d 713 (1968) (fire of incendiary origin was set); Colvin v. State, 247 Ala. 55, 22 So.2d 548 (1945) (fire of incendiary origin); Spooney v. State, 217 Ala. 219, 224, 115 So. 308 (1928) (defendant was still driving recklessly); Wyatt v. State, 405 So.2d 154, 157 (Ala.Cr.App.1981) (patient was a victim of child abuse); Lee v. State, 42 Ala.App. 101, 102, 154 So.2d 45, cert. denied, 275 Ala. 695, 154 So.2d 46 (1963) (defendant killed son); Vinson v. State, 29 Ala.App. 234, 236, 194 So. 705 (1940) (defendant murdered victim); Stewart v. State, 27 Ala.App. 315, 317, 172 So. 675 (1937) (defendant raped victim); Taylor v. State, 20 Ala.App. 161, 163, 101 So. 160 (1924) (defendant assaulted victim).
"However, a properly qualified expert may state his opinion as to the nature, cause, and effect of a wound or injury, Thomas v. State, 249 Ala. 358, 360, 31 So.2d 71 (1947)...."

Our Supreme Court in Colvin v. State, 22 So.2d 548 at 549 (1945), expressed the circumscription of the application of the general rule to the testimony of an expert, as follows:

"If [the expert's] ... testimony constituted an opinion on a matter of common knowledge, then it was inadmissible. Decatur Car Wheel & Manufacturing Co. v. Mehaffey, Adm'x, 128 Ala. 242, 29 So. 646 [(1901)].

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Bluebook (online)
473 So. 2d 582, Counsel Stack Legal Research, https://law.counselstack.com/opinion/meadows-v-state-alacrimapp-1985.