State v. Porter

454 So. 2d 220
CourtLouisiana Court of Appeal
DecidedJune 27, 1984
DocketCR83-683
StatusPublished
Cited by11 cases

This text of 454 So. 2d 220 (State v. Porter) is published on Counsel Stack Legal Research, covering Louisiana Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Porter, 454 So. 2d 220 (La. Ct. App. 1984).

Opinion

454 So.2d 220 (1984)

STATE of Louisiana, Plaintiff-Appellee,
v.
Sena Mae Cruse Whitehead PORTER and Russell Porter, Defendants-Appellants.

No. CR83-683.

Court of Appeal of Louisiana, Third Circuit.

June 27, 1984.
Writ Denied September 28, 1984.

*221 Patrick L. Durusau, Jena, for defendants-appellants.

Dan B. Cornett, Asst. Dist. Atty., Norris Dale Jackson, Jena, for plaintiff-appellee.

Before CUTRER, DOUCET and YELVERTON, JJ.

CUTRER, Judge.

The defendants, Russell and Sena Mae Porter, husband and wife, were indicted by the LaSalle Parish grand jury on one count of attempted arson with intent to defraud (LSA-R.S. 14:53 and 14:27) and on two counts of arson with intent to defraud (LSA-R.S. 14:53). These indictments were the result of three separate incidents, the final one culminating in the partial destruction of the defendants' insured house in Tullos. After pleading not guilty to those charges, the defendants were jointly tried before a six person jury and each was convicted on all three counts. Motions for post verdict judgments of acquittal and for a new trial were denied by the trial court.

The defendants were sentenced as follows:

(1) Mr. Porter:[1] On the two counts of arson with intent to defraud, he was sentenced to serve thirty months imprisonment in the custody of the Louisiana Department of Corrections on each count. Further, he was ordered to pay a fine of $2,500.00 for one of those convictions plus the costs of his prosecution. For the conviction of attempted arson with intent to defraud, he was sentenced to ten months imprisonment and to the payment of a $500.00 fine. All three of the prison terms were ordered to be served concurrently;

(2) Mrs. Porter: On the two counts of arson with the intent to defraud, she was sentenced to the payment of a single fine of $1,500.00, to the payment of costs and to serve eighteen months at hard labor with the Department of Corrections on each count. The attempt conviction resulted in a sentence of nine months imprisonment and a fine of $500.00. All three prison terms (ordered to be served concurrently) were suspended, and she was placed on *222 four years supervised probation with special conditions imposed.

The defendants have appealed their convictions, raising various assignments of error, all of which deal with the sufficiency of the evidence upon which they were convicted.

FACTS

The property forming the basis of the defendants' convictions was a frame house in Tullos, Louisiana. It was owned by Mrs. Porter as a result of her earlier marriage to Dub Whitehead who died in 1977. The defendants were married in 1979 and lived together in the Tullos house. The next door neighbors of the defendants were Sandy Whitehead (Mrs. Porter's son) and his wife, Nancy, on one side and Lavita Fife and her son, Darwin, on the other side.

In August 1981, the defendants moved to Broussard, Louisiana, where Mr. Porter was hired as a maintenance supervisor; they did, however, make periodic weekend trips to Tullos where they would stay in their house. Although the house was vacant other than during the Porters' visit, all of the utilities remained connected. On the weekend of Sunday, January 31, 1982, the defendants were present in Tullos on one of their visits. According to Mr. Porter, he received a telephone call on that Sunday, near the noon hour, from his employer telling him that he was needed at a distant job site. The Porters left shortly after receiving the telephone call and put a note on the Whiteheads' door telling of their departure. Apparently no one saw the defendants leave; Lavita Fife stated that they were gone when she returned from church at 12:30 P.M.

Earlier that morning and prior to their departure, the defendants spoke with Nancy Whitehead concerning some dishes Mrs. Porter was going to give her. Nancy was to pick up those dishes from the defendants' house that Sunday afternoon. (Sandy Whitehead had a key to the house.) The Whiteheads returned to their home from church at approximately 1:00 P.M. that afternoon and Sandy Whitehead, noticing that a light had been left on at the Porter house, went over to extinguish it.

When Sandy entered the house with the use of his key, he detected the heavy odor associated with natural gas and he began yelling for his wife, Nancy, and their neighbor, Lavita Fife. Both Nancy and Lavita responded to Sandy's calls and each smelled the heavy fumes. Lavita testified that it caused her eyes to water. Sandy determined the source of the gas to be a gas line in the hallway coming up through the floor. That line ordinarily serviced a gas heater but the heater was not connected. The cap of the gas pipe had been unscrewed and was left merely seated on the pipe. Lavita stated that the cap was moving as the gas escaped from under it.

Sandy, Nancy and Lavita testified that several elements on the electric stove, including the oven (with its door open), were on and that all were red hot. Sandy screwed the gas cap back on with his hands and turned the gas off at the meter. Apparently, the defendants, who did not return to Tullos until Friday, February 26, 1982, were not told of the discovery by the Whiteheads and Lavita.

Testimony at trial indicated that the defendants used the electric stove and oven for heating the kitchen. Mr. Porter said that those appliances were left on that Sunday to keep the house warm for Nancy who was to later remove the dishes previously promised her. The defendants both testified but gave no explanation for the removed gas cap. The incident on January 31st was the basis for the conviction of attempted arson with intent to defraud.

On Friday, February 26, 1982, the defendants returned to Tullos enroute to attending a criminal trial in Jena, wherein Sandy was the defendant. Prior to attending the trial that afternoon, the defendants (who were traveling in a motor home) stopped at their house in Tullos to make a long distance telephone call. Their nine-year-old daughter, Stacy (the natural daughter of Mr. Porter but adopted daughter of Mrs. Porter), remained in the vehicle *223 while her parents were inside. Darwin Fife had received oral surgery earlier that day and he was resting at the Fife home next door when he saw the defendants arrive at approximately 1:00 P.M. According to Darwin, the defendants were in their house only five to ten minutes before they left, and only minutes (approximately five to ten) after they departed, Darwin noticed smoke coming from the Porter house. Darwin's testimony was corroborated by Lavita's, the latter being the one who summoned the fire department.

Initially, the members of the Tullos Volunteer Fire Department broke the windows to a bedroom from which most of the smoke was issuing through a window air conditioning unit. The bedroom was erroneously doused with water before it was discovered that the fire was at the other end of the house and consisted of a bag of burning trash against the den wall. The door was kicked open, the trash dragged outside, and the fire was extinguished, although some charring and scorching to the walls resulted. A fireman at the scene testified that the fire was completely extinguished. Further, he inspected the house to make sure that there were no other fires.

Phil Bryant, an insurance investigator accepted by the trial judge as an expert in the field of determining fire origins, testified that the fire was the result of a human element, such as a match. Bryant could not determine whether the fire was started intentionally or accidentally.

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

Related

State of Louisiana Versus David Costanza
Louisiana Court of Appeal, 2019
State v. Brown
219 So. 3d 518 (Louisiana Court of Appeal, 2017)
State v. Sosa
892 So. 2d 633 (Louisiana Court of Appeal, 2004)
State v. Long
625 So. 2d 377 (Louisiana Court of Appeal, 1993)
Opinion Number
Louisiana Attorney General Reports, 1993
State v. Combs
600 So. 2d 751 (Louisiana Court of Appeal, 1992)
State v. Broussard
539 So. 2d 745 (Louisiana Court of Appeal, 1989)
State v. Farris
491 So. 2d 464 (Louisiana Court of Appeal, 1986)
State v. Payne
461 So. 2d 1151 (Louisiana Court of Appeal, 1984)
State v. Porter
457 So. 2d 17 (Supreme Court of Louisiana, 1984)

Cite This Page — Counsel Stack

Bluebook (online)
454 So. 2d 220, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-porter-lactapp-1984.