State v. Hollingsworth

292 So. 2d 516
CourtSupreme Court of Louisiana
DecidedMarch 25, 1974
Docket54167
StatusPublished
Cited by20 cases

This text of 292 So. 2d 516 (State v. Hollingsworth) is published on Counsel Stack Legal Research, covering Supreme Court of Louisiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Hollingsworth, 292 So. 2d 516 (La. 1974).

Opinion

292 So.2d 516 (1974)

STATE of Louisiana
v.
Otis HOLLINGSWORTH, Jr.

No. 54167.

Supreme Court of Louisiana.

March 25, 1974.

*518 Bobby L. Culpepper, Holloway, Baker; Culpepper & Brunson, Jonesboro, for defendant-appellant.

William J. Guste, Jr., Atty. Gen., Barbara Rutledge, Asst. Atty. Gen., Leon H. Whitten, Dist. Atty., for appellee.

BARHAM, Justice.

Defendant was convicted, after a trial by jury, of armed robbery, a violation of R.S. 14:64, and was sentenced to ten years' imprisonment. He relies on twenty-four bills of exceptions for a reversal of his conviction and sentence.

The facts of the case, briefly, are as follows: On the evening of November 11, 1972, one person, armed with a hand-gun, robbed the ticket booth of the Palace Theatre in Jonesboro, Jackson Parish, Louisiana. Shortly after the Jonesboro police responded to the call of the theatre management, a sketchy description of the robber was broadcast on the police radio. The robber was described as a black male wearing sunshades and a black and white knit cap. Other Jonesboro officers who listened to the broadcast recalled having seen a subject fitting the description earlier in the evening, when they had stopped a yellow Volkswagon, containing a passenger who was so attired, for running a red light. The additional information was broadcast and yet another police officer, who had monitored the broadcast while off duty and responded to assist in the search, spotted the vehicle being sought, followed it and stopped it. After requiring the two occupants to exit the vehicle, the officer stepped behind the vehicle to view the driver's operator's license. At this point, the defendant fled on foot into a wooded area. Attempts to apprehend the defendant were unsuccessful; he later turned himself in at police headquarters and was subsequently charged with the crime of which he stands convicted.

BILL OF EXCEPTIONS NO. 24

Defendant reserved this bill of exceptions when the trial court overruled his motion to suppress evidence which was siezed as a result of what he contends was an unlawful search, conducted without a warrant and not made incident to a lawful arrest.

The general rule, that searches made without a warrant violate the Fourth Amendment to the United States Constitution, is not without exceptions. One of the widely recognized exceptions to the general prohibition of warrantless searches deals with the search of automobiles and other mobile vehicles. Where probable cause exists for the search of a moving vehicle and circumstances render securing a warrant impracticable, a warrantless search of an automobile does not violate the Fourth Amendment. Chambers v. Maroney, 399 U.S. 42, 90 S.Ct. 1975, 26 L.Ed.2d 419 (1970). At the time that officer Jiles effected the search of the automobile involved in this case, it was known that a black subject wearing dark clothes, sunshades and a black and white knit cap had allegedly robbed the Palace Theatre, and *519 that a man answering this description, personally known to Officer Jiles to have been travelling in the subject car minutes before the robbery, had been a passenger in the automobile when it was stopped by Officer Futrell but had fled the scene prior to the arrival of Officer Jiles. We find, therefore, that Officer Jiles had probable cause to search the vehicle which he reasonably believed contained evidence or fruits of the armed robbery. The warrantless search which yielded the gun and the cap introduced into evidence was not unconstitutional.

This bill of exceptions is wholly without merit.

BILL OF EXCEPTIONS NO. 1

This bill of exceptions was reserved by defense counsel when his motion to quash the petit jury venire was denied. Counsel's objection was to the use of the petit jury venire drawn for service on May 7, 1973 for defendant's trial commencing on June 4, 1973.

Defendant contends in brief, as he did at trial, that Article 416 of the Code of Criminal Procedure prohibits the use of the petit jury venire drawn for use on the earlier date. That article, in part, reads:

"A. Upon order of court the jury commission in parishes other than Orleans shall draw a petit jury venire. The commission shall draw indiscriminately and by lot thirty name slips from the general venire box, unless directed by the court order to draw a larger number. The persons whose names are so drawn shall be subject to serve as petit jurors for the first week of the next criminal session of court.
The court also may order the commission to draw indiscriminately and by lot as many additional name slips, not less than thirty, as it may direct for each additional week that a petit jury venire may be required, not to exceed two additional weeks. The persons whose names are so drawn shall be subject to serve as petit jurors for the week for which their names were drawn. * * *
"If a petit jury venire does not serve during the week for which it was drawn, the court may order that it serve during any other week of that session of court."

As may be clearly seen from a reading of the last paragraph of Article 416, a petit jury venire which does not serve during the week for which it was drawn may be ordered to serve during any other week of that session of court. This procedure, made available to the trial court, was utilized in this case. Moreover, as noted by the State's brief, Article 419 of the Code of Criminal Procedure provides, in pertinent part:

"* * * [A] petit jury venire shall not be set aside for any reason unless fraud has been practiced or some great wrong committed that would work irreparable injury to the defendant."

Since no prejudice to the defendant was alleged or shown, we find that this bill of exceptions is without merit.

BILLS OF EXCEPTIONS NOS. 2 THROUGH 10

Defendant reserved these bills of exceptions when the trial court overruled his objections of insufficiency to answers supplied by the State in response to his application for a bill of particulars.

In answer to defendant's request for the time the armed robbery was alleged to have occurred, the State replied: "* * * it is alleged that the robbery took place between the hours of 6:00 o'clock P.M. and 9:00 o'clock P.M." The defendant contended that this information was not specific enough to enable him to prepare his defense and that the State should have been required to give a more precise time. Bill of Exceptions No. 2 was reserved when the court deemed the answer sufficient.

*520 Defendant cites no case to this Court which would require that a more specific answer be given. In State v. Lee, 173 La. 966, 139 So. 302 (1932) this Court held that defendants on trial for robbery, who were informed of the date on which the offense was alleged to have been committed, were not entitled to be informed as to the time of day the robbery occurred. Defendant contends in brief that the State's failure to give a more specific time and the trial court's refusal to require the State to do so prevented him from accounting for his whereabouts at the time of the robbery. However, during the course of trial, no alibi or other defense was presented.

This bill of exceptions is without merit.

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Bluebook (online)
292 So. 2d 516, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-hollingsworth-la-1974.