(Download) "Grayco Resources v. James E. Poole" by Supreme Court of Alabama * eBook PDF Kindle ePub Free
eBook details
- Title: Grayco Resources v. James E. Poole
- Author : Supreme Court of Alabama
- Release Date : January 03, 1986
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 64 KB
Description
The appellant, Johnny Ray Cox, was found guilty of the offense of manslaughter and sentenced to 25 years in the penitentiary pursuant to the Habitual Felony Offender Act. The deceased, Buddy French, was shot by a rifle in the presence of three witnesses. When the police arrived at the house, the appellant answered the door and stated that he did no know what had happened because he had been in the back of the house; however, he indicated that two black males had been present earlier. At trial, two witnesses to the incident, the deceaseds ex-wife and the appellants ex-wife, both testified. The decedents ex-wife, Dianne Hall, testified for the State that the deceased and the appellant, having left the house several hours earlier, arrived with the deceased appearing to be intoxicated while the appellant appeared sober. The deceased started to leave and Ms. Hall followed him outside, afraid that he was going to take her car. An argument ensued and the appellant walked outside and calmed the deceased. The appellant then went to bed and the deceased entered the house and told Ms. Hall that she would have to leave; whereupon the appellants wife and the deceaseds sister, Brenda Cox, informed the deceased that Ms. Hall was not going to have to leave. Ms. Hall testified that during this conversation, she was on her knees by the couch and although she was not certain of the ensuing events, the deceased attempted to choke her and left red marks on her neck. Ms. Hall stated that at this point she heard Brenda Cox yell, "No Johnny" and saw Ms. Coxs arm going up in the air and then she heard a shot. The deceased stood up and challenged the appellant to "do that again." Ms. Hall testified that she again heard Brenda Cox yell "No Johnny" and another shot ensued. She stated that she observed the deceased grab his stomach and fall to the floor. Brenda Cox testified for the defense to substantially the same facts. She further testified that after the shooting, the appellant gave her the gun and told her to put it in the trunk of her car, which she did. She testified that later, when the police allowed her to leave the scene of the crime, the appellant told her to throw the gun away, so she threw it in a pond in Blount County, where it was later recovered.