Raybon v. State

313 So. 2d 570, 55 Ala. App. 143, 1975 Ala. Crim. App. LEXIS 1442
CourtCourt of Criminal Appeals of Alabama
DecidedMay 27, 1975
Docket3 Div. 339
StatusPublished
Cited by5 cases

This text of 313 So. 2d 570 (Raybon 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
Raybon v. State, 313 So. 2d 570, 55 Ala. App. 143, 1975 Ala. Crim. App. LEXIS 1442 (Ala. Ct. App. 1975).

Opinions

TYSON, Judge.

The indictment charged the appellant with the robbery of Mandy Jackson by taking $85.00 from her person. The Jury found the appellant guilty as charged, and fixed punishment at ten years imprisonment. The trial court entered judgment accordingly, and subsequently overruled appellant’s motion for new trial.

Ben Jackson testified that, on November 18, 1972, he cashed a check for his mother for $115.00, kept $30.00 to pay her utility bills, and left her four twenties and one iive dollar bill. He testified that his mother was elderly, being in her eighties, and lived alone at 917 Goode Street, Montgomery. He testified this occurred on a Saturday morning.

Mandy Jackson testified that she was eighty-seven years old, and that on the afternoon of November 18, 1972, the appellant came to her home, where she was then living, at 622 Cleveland Court, about 3:00 in the afternoon. She testified the appellant walked in, and told her, “I’m a healer.” From the record:

“Q. All right, What did he do when he walked in?
“A. I’m talking on the phone — I don’t know to who. He put his hand over my eyes.
“Q. Who put his hand over your eyes?
“A. That man younder [sic]. (Indicating)
“Q. All right.
“A. He put his hand over my eyes. He said, ‘I’m a healer.’
“Q. He said what?
“A. ‘I’m a healer.’
“Q. A healer. And then what did he say?
“A. He said, ‘I’m a healer.’ And said, ‘Don’t talk out, next door to me, don’t talk loud. You had better not talk loud.’ He said, ‘Talk low.’ And I said, ‘Thank you, Jesus.’ And he said, ‘Thank you, Jesus.’
“Q. He said what? (Exclaiming)
“A. He said — don’t holler at me now.
“Q. Well, I’m sorry, I apologize.
“A. All right.
“Q. Now, what did he say ?
“A. He said, ‘Talk low,’ and said, ‘Don’t want nobody to hear,’ and said, 'God sent me here and this woman what was here didn’t know nothing about it— she sent me here. You just got your check.’ — And my boy had just went and cashed it — and when he said this, he said, ‘Talk low.’ I said — he made me nervous; I don’t know what had me. I said, ‘Thank you, Jesus.’ And he said, ‘Now,’ he said — he took his hand from over my eyes, and he went down.
"Q. Was he in front of you or in back of you?
“A. He was in front of me.
“Q. In front of you. Could you see his face clearly?
[145]*145“A. Well, I see him when he come in there, and he was in there a good while with me.
“Q. And what did he then do to you?
“A. This is what he done: he took his hand off of here, and he went and opened the kitchen door, the back door, wooden door — didn’t open the screen— and he looked out. He went in the restroom and looked in there, and then he come back and went in my bedroom and said, ‘Get that money.’
“Q. Did he find anything on you ?
“A. Yes, sir.
“Q. All right. What did he do ?
“A. Wait a minute, now. I keeps a belt, because when I used to deliver babies, I had a man that grabbed my pocketbook — this same pocketbook. And I don’t tote no more money in no pocketbook; I got a belt — you see this? (Indicating) And I had this pocketbook here; you see here ?
“Q. um hum.
“A. And he said, ‘Here is a pocketbook down here,’ and said, ‘Get it out.’ I said, ‘It’s not but a dollar and thirty-five cents.’ — That was one paper dollar, a quarter and a dime. — And he said, ‘Get that and let me see it.’ I run my hand down in here and got it out, and he said, ‘Put it back.’ He says, ‘Now, where is that other money.’ And I said, T ain’t got no other money.’ And he said, ‘You had better not talk loud; that man there,’ he said, ‘You had better not talk loud.’ And said, ‘You had better not talk loud.’ And said, ‘Go get it.’
“Well, I was thinking about the womens tied up, and behind them, the hands, the mouth, old folks like me. I went and got it.
“Q. Well, let me ask you: Before you did that, did he reach for anything, or do anything?
“A. He was putting his hands behind me; I don’t know what—
“MR. KIRK: Your Honor, I believe Mr. District Attorney is doing a good job of leading this lady.
“THE COURT: I’m going to allow him to do that on account of this lady’s disability and on account of her age.
“THE WITNESS: He put his hand behind me, and I didn’t know what he had, and I gave him $85.00.”

Mandy Jackson then identified a pocketbook in which the $85.00 had been placed, a small coin purse, and some string. She further testified that the appellant had false teeth, that later she saw him at a lineup at police headquarters, that she recognized him immediately, and that he was “shaking like a leaf.” She made an independent incourt identification of the appellant.

On cross-examination, Mrs. Jackson testified that she wore glasses, and that her eyesight was not what it once was.

Mattie Jackson testified that, on the early afternoon of November 18, 1972, the appellant came to her home, at 3027 Round-tree Street in Montgomery. She testified that the appellant walked in and spoke to her mother, who was also there, and said, “What denomination is your mother,” to which she replied, “She is Methodist.” The appellant then stated, “I am a Baptist, shake my hand, I am colored.” She testified that the appellant was white, that he then left her house, and walked across the street toward the home of Mandy Jackson. She said that the appellant told her he was a “praying man,” and that two days later, on Monday, November 20, she identified the appellant at the lineup at police headquarters.

Elizabeth Johnson, the mother of Mattie Jackson, testified that she was at her home in Montgomery on the early afternoon of November 18, 1972, when the appellant pushed open the door and walked in, then stated that he wanted to pray for her. She said that he asked her for a Bible, that at this time her daughter, Mattie Jackson, [146]*146walked into the room, that the appellant spoke to her, said, “I am a Baptist,” and turned and walked out of the house toward the home of her neighbor, Mrs. Mandy Jackson. She testified that she subsequently identified the appellant at a lineup at police headquarters, and made an independent incourt identification of the appellant.

The appellant’s motion to exclude the State’s evidence was overruled. The appellant, Joe Raybon, testified that he had been living in Montgomery since 1940, that he had at one time worked in the Sanitary Department for the City, and also for a construction company. He testified that he was fifty-one years of age and did not own a pistol.

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Related

Thatch v. State
397 So. 2d 246 (Court of Criminal Appeals of Alabama, 1981)
Williams v. State
348 So. 2d 1101 (Court of Criminal Appeals of Alabama, 1977)
Porter v. State
337 So. 2d 155 (Court of Criminal Appeals of Alabama, 1976)
Paige v. State
319 So. 2d 740 (Court of Criminal Appeals of Alabama, 1975)
Raybon v. State
313 So. 2d 570 (Court of Criminal Appeals of Alabama, 1975)

Cite This Page — Counsel Stack

Bluebook (online)
313 So. 2d 570, 55 Ala. App. 143, 1975 Ala. Crim. App. LEXIS 1442, Counsel Stack Legal Research, https://law.counselstack.com/opinion/raybon-v-state-alacrimapp-1975.