State v. Medlock

297 So. 2d 190
CourtSupreme Court of Louisiana
DecidedJune 10, 1974
Docket54370
StatusPublished
Cited by30 cases

This text of 297 So. 2d 190 (State v. Medlock) 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. Medlock, 297 So. 2d 190 (La. 1974).

Opinion

297 So.2d 190 (1974)

STATE of Louisiana
v.
Earl P. MEDLOCK, Sr., et al.

No. 54370.

Supreme Court of Louisiana.

June 10, 1974.

*192 Murphy W. Bell, Director, Vincent Wilkins, Jr., Trial Atty., Baton Rouge, for defendants-appellants.

William J. Guste, Jr., Atty. Gen., Barbara Rutledge, Asst. Atty. Gen., Ossie Brown, Dist. Atty., Richard E. Chaffin, Asst. Dist. Atty., for plaintiff-appellee.

BARHAM, Justice.

The defendants were charged by bill of information with possession of LSD with intent to distribute, tried before a jury, and convicted of the crime charged. Defendant, Earl P. Medlock, Sr., was sentenced to twenty years' imprisonment, Earl P. Medlock, Jr., to ten years' imprisonment, and Dorothy L. Medlock to four years' imprisonment, all at hard labor. Michael H. Medlock was sentenced to five years' imprisonment at hard labor but the sentence was suspended and defendant was placed on supervised probation for five years. Upon this appeal, defendants rely on ten bills of exceptions for a reversal of their convictions and sentences.[1]

The LSD which defendants were charged with possessing was found in their home moments after the package containing it was delivered via parcel post. An East Baton Rouge Sheriff's Department undercover agent had learned from one of the defendants that the LSD package was expected. Postal authorities were alerted, the package was intercepted, and 27 of the 28 plastic bags of LSD were removed and bags of flour substituted therefor. The delivery was made while the house was under surveillance and, minutes later, officers armed with a search warrant entered the residence and found the LSD.

BILLS OF EXCEPTIONS NOS. 1 AND 3

Bill of Exceptions No. 1 was reserved when the trial court overruled defendants' objection to the prosecution's opening statements concerning proof of other offenses. Bill of Exceptions No. 3 was reserved during trial, when the trial court overruled defendants' objections to evidence of other offenses elicited by the State from its witness, Officer Spillers. The evidence elicited was testimony concerning sales of controlled dangerous substances to Officer Spillers and others. The basis of the defendants' objections is that the State's presentation of evidence of other offenses, offered to prove the essential element of intent to distribute, was a mere subterfuge for showing the bad character of the accused.

The charge against the defendants was possession of LSD with intent to distribute. The State had the affirmative burden of proving guilty knowledge and specific intent beyond a reasonable doubt. R.S. 15:446 provides:

"When knowledge or intent forms an essential part of the inquiry, testimony may be offered of such acts, conduct or declarations of the accused as tend to establish such knowledge or intent and where the offense is one of a system, evidence is admissible to prove the continuity of the offense, and the commission of similar offenses for the purpose of *193 showing guilty knowledge and intent, but not to prove the offense charged."

(Emphasis here and elsewhere supplied). R.S. 15:445 provides:

"In order to show intent, evidence is admissible of similar acts, independent of the act charged as a crime in the indictment, for though intent is a question of fact, it need not be proven as a fact, it may be inferred from the circumstances of the transaction."

In State v. Prieur, 277 So.2d 126 (La.1973), we set forth safeguards with which the State and the trial court must comply when evidence of other offenses is to be presented at trial. The Prieur procedure was scrupulously followed in the case at bar. In addition, in the Prieur decision and in State v. Moore, 278 So.2d 781 (La. 1973), the Court gave substantial attention to the question of balancing probative value against prejudicial effect. The very relevant evidence of the other offenses here was of great probative value in establishing the essential ingredient of the crime —intent to distribute.[2]

The State's use of evidence of other offenses in this trial is authorized by R.S. 15:445, R.S. 15:446 and our jurisprudence. These bills of exceptions are without merit.

BILL OF EXCEPTIONS NO. 1-A

Defense counsel reserved this bill when the trial court denied his motion to sever the defendants for trial. The bases for the severance motion (and the enlarged severance motion, filed at the trial court's suggestion and by its leave) were allegations that the defendants' respective defenses were antagonistic and that their right to call witnesses for their defense was foreclosed by the coexistent right of their codefendants not to be forced to take the stand.

Hearing was held on defendants' motion to sever but no facts were presented to the trial court in support of the allegation of antagonistic defenses. Nor did defendants show, in their motion or upon hearing, their willingness to testify on each other's behalf if severance was granted.

Under Code of Criminal Procedure Article 704, the granting of a severance is within the discretion of the trial judge. Ruling on a motion for severance will not be disturbed in the absence of a clear abuse of discretion. State v. Smith, 283 So.2d 470 (La.1973) and cases cited therein. Under our jurisprudence, a mere allegation of antagonistic defenses does not require the granting of a motion for severance. State v. Ross, 263 La. 271, 268 So. 2d 222 (1972); State v. Bonner, 252 La. 200, 210 So.2d 319 (1968). Nor can defendants' bare allegation that a joint trial would deprive them of the right to call the co-defendants as witnesses avail them. We have repeatedly held that such an allegation does not, of itself, warrant severance since the co-defendants can plead the Fifth Amendment privilege against self-incrimination at the separate trials. See State v. Baker, 288 So.2d 52 (La.1973) and cases cited therein.

At the hearing on the motions to sever, defense counsel also contended that trying defendants, Earl Medlock, Jr., Michael H. Medlock, and Dorothy L. Medlock, who had no prior criminal records, with Earl Medlock, Sr., who had a prior criminal record, would prejudice the three defendants without records and therefore *194 warranted a severance. This Court considered and rejected a similar contention in State v. Smith, 283 So.2d 470 (La.1973).

Bill of Exceptions No. 1-A is without merit.

BILL OF EXCEPTIONS NO. 2

This bill was reserved to the trial court's denial of a defense motion for mistrial. During the testimony of Postal Inspector Wilson it appeared that the witness was unable to locate, among the evidence, the particular plastic bag containing LSD which had been marked prior to postal delivery of the package containing the LSD and 27 bags containing the substituted flour. During a recess the District Attorney requested that Officers Watts and Weber, who participated in the substitution, look for the bag containing the LSD among the evidence. The officers found the bag which Postal Inspector Wilson had been unable to locate. During cross-examination of Officer Watts defense counsel elicited information concerning the search and discovery during recess and moved for a mistrial on the basis of this allegedly irregular behavior.

Code of Criminal Procedure Article 775 provides:

"A mistrial may be ordered, and in a jury case the jury dismissed, when:

"(1) The defendant consents thereto;

"(2) The jury is unable to agree upon a verdict;

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297 So. 2d 190, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-medlock-la-1974.