Slaughter v. Commonwealth

744 S.W.2d 407, 1987 Ky. LEXIS 257, 1987 WL 1261
CourtKentucky Supreme Court
DecidedNovember 5, 1987
Docket84-SC-272-MR
StatusPublished
Cited by158 cases

This text of 744 S.W.2d 407 (Slaughter v. Commonwealth) is published on Counsel Stack Legal Research, covering Kentucky Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Slaughter v. Commonwealth, 744 S.W.2d 407, 1987 Ky. LEXIS 257, 1987 WL 1261 (Ky. 1987).

Opinions

STEPHENS, Chief Justice.

James Earl Slaughter was convicted in the Jefferson Circuit Court of first-degree robbery and murder. He received a sentence of 20 years for robbery and was sentenced to death for the murder. This matter of right appeal results. We affirm.

The charges underlying the convictions arose from the death of a store owner, Esther H. Stewart, in Jefferson County on January 28, 1983. Following an investigation, Slaughter was arrested on the day after the crime. He voluntarily gave a statement to the police in which he claimed to have been acting as a “lookout” when another man, known only to appellant as “Red,” killed Stewart. Slaughter, who is black, told police that he had picked up a white, male hitchhicker (“Red”) and agreed to help him rob a local store.

In preparation for the robbery, the two men supposedly exchanged clothes and shoes. Slaughter stated he loaned his gun to “Red” because the small knife “Red” carried was inadequate. According to his statement, Slaughter waited outside the store. He heard a scream, “Red” ran out of the store and the two men ran from the scene. After re-exchanging clothes, appellant drove “Red” to a local arcade and never saw him again.

The police investigators at the scene discovered a single, undischarged bullet on the floor near the victim. This bullet was later matched with the appellant’s gun. The cash register was opened with difficulty, and the victim’s wallet was sticking out of her purse. Police detectives questioned the owner and patrons of the arcade but were unable to locate or identify the man called “Red.”

Trial began on October 24, 1983. Commonwealth witnesses testified to seeing a man run from the store. This man was identified alternatively as a white man, a black man, or by his clothes, a blue jacket and blue pants. Slaughter’s housemates testified that on the night of the robbery, he was wearing a blue jacket and pants. His clothes were discovered the next morning and were stained with blood. Slaughter had left the apartment carrying his gun. A butcher knife, not used in preparing the evening meal, was found in the dish rack in the morning.

At least three witnesses heard and repeated Slaughter’s admission to his involvement in the crime. Their version was that Slaughter related that his intention was to rob the store. When he asked the woman for money she screamed. He hit her with his gun and then stabbed her to stop the screaming.

The doctor who performed the autopsy stated the victim’s death was due to a stab wound. Other injuries included multiple stab wounds and a blow to the head.

The jury found Slaughter guilty of murder and robbery during the guilt phase of the trial. During the penalty phase the jury recommended death due to the aggravating circumstance of the murder having been committed during the course of a robbery.

The facts will be discussed in more detail as specific issues are reviewed. Appellant raised 29 issues on appeal. Although we have carefully considered all of them, only certain ones will be discussed in this opinion. All others are without merit.

With respect to the guilt phase of the trial, we will consider the following contentions of appellant: (1) whether there was sufficient independent corroborative evidence (other than evidence of appellant’s confessions) presented to sustain the conviction of robbery; (2) whether the trial judge committed reversible error in failing to excuse for cause a prospective juror who may have doubted her own partiality; (3) whether the closing argument of the prosecutor constituted reversible error; and (4) whether the trial court erred in failing to instruct the [410]*410jury on wanton murder and second degree manslaughter.

With respect to the sentencing phase of the trial, we will consider four issues: (1) whether reversible error was committed by the trial court’s permitting a juror to question the appellant; (2) whether the trial court erred in failing to make a finding whether the evidence was sufficient to foreclose all doubt of guilt; (3) whether certain conduct of the prosecutor was of such a nature as to deprive appellant of a fair trial; and (4) whether appellant’s sentence of death is disproportionate to other recent Kentucky death penalty cases.

WAS THERE SUFFICIENT CORROBORATIVE EVIDENCE, OTHER THAN THE EVIDENCE OF APPELLANT’S CONFESSIONS, TO SUSTAIN THE CONVICTION OF ROBBERY?

The basis of this argument is RCr 9.60, which is as follows:

“Corroboration of confession. — A confession of a defendant, unless made in open court, will not warrant a conviction unless accompanied by other proof that such offense was committed.”

The corroborative evidence required addresses itself as to whether the crime charged was committed and not as to whether the particular defendant committed it. Taylor v. Commonwealth, Ky., 461 S.W.2d 920 (1970), cert. denied, Brown v. Kentucky, 404 U.S. 837, 92 S.Ct. 126, 30 L.Ed.2d 70 (1971); Wilson v. Commonwealth, Ky., 476 S.W.2d 622 (1971). Such proof, very simply, must be independent of any out-of-court confession, and must show that the charged crime was, in fact, committed. Once such evidence is present, guilt of the defendant may be proven by the evidence of the confession(s). Dolan v. Commonwealth, Ky., 468 S.W.2d 277 (1971). The rule, in its effect, requires that the corpus delecti of the crime be proven by independent, corroborative evidence.

Thus, we examine the record to see if there is, in fact, evidence other than the out-of-court admissions of appellant that first-degree robbery was actually committed. This question (and its answer) takes on special significance in that the commission of the murder during the course of the robbery was the only aggravating circumstance that would have justified the imposition of the death penalty. KRS 532.-025(2)(a)2. If there was no compliance with the mandate of RCr 9.60, the death sentence, in this case, would have to be reversed.

Specifically, therefore, we determine if the independent evidence in the record shows that the statutory elements of robbery in the first degree are present. That crime is defined in KRS 515.020:

“(1) A person is guilty of robbery in the first degree when, in the course of committing theft, he uses or threatens the immediate use of physical force upon another person with intent to accomplish the theft and when he:
“(a) Causes physical injury to any person who is not a participant in the crime; or
“(b) Is armed with a deadly weapon; or
“(c) Uses or threatens the immediate use of a dangerous instrument upon any person who is not a participant in the crime.”

The two basic elements necessary to prove this crime are the intent to commit a theft and either the causing of a physical injury, the presence of a deadly weapon or the threat of use of a dangerous instrument.

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

Related

Michelle Bray v. Commonwealth of Kentucky
Kentucky Supreme Court, 2025
Tracie Jent v. Commonwealth of Kentucky
Kentucky Supreme Court, 2025
Michael Torrence v. Commonwealth of Kentucky
Court of Appeals of Kentucky, 2024
Keith Kuzyk v. Commonwealth of Kentucky
Kentucky Supreme Court, 2023
Truman E. Adams, Sr. v. Commonwealth of Kentucky
Court of Appeals of Kentucky, 2023
Tonya Dale Ray v. Commonwealth of Kentucky
Court of Appeals of Kentucky, 2021
Imojean Daniel v. Commonwealth of Kentucky
Kentucky Supreme Court, 2020
Samuel Hunter v. Commonwealth of Kentucky
Kentucky Supreme Court, 2020
Jeffrey Jones v. Commonwealth of Kentucky
Kentucky Supreme Court, 2020
Jackson v. Commonwealth
567 S.W.3d 615 (Court of Appeals of Kentucky, 2019)
Jarrod Weiss v. Commonwealth of Kentucky
Kentucky Supreme Court, 2017

Cite This Page — Counsel Stack

Bluebook (online)
744 S.W.2d 407, 1987 Ky. LEXIS 257, 1987 WL 1261, Counsel Stack Legal Research, https://law.counselstack.com/opinion/slaughter-v-commonwealth-ky-1987.