 |
 |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|
|
|
|
STATE v. GRANTLAND1/9/1997
ON APPLICATION FOR REHEARING
This court's opinion of December 19, 1995, is withdrawn, and the following opinion is substituted therefor:
The petitioner, the State of Alabama, through the attorney general's office, filed this petition for a writ of mandamus asking us to direct the Honorable Steven E. Haddock, circuit judge for the eighth judicial circuit, to vacate the judgment of acquittal entered by Judge Rudolph Slate, now retired, in favor of Kenneth and Jenny Grantland. The Grantlands were charged with murder in recklessly causing the death of their son, a three-month-old infant, by depriving him of food. See § 13A-6-2(a)(2), Ala. Code 1975. On February 3, 1993, the jury returned verdicts finding the Grantlands guilty of the lesser included offense of reckless manslaughter. See § 13A-6-3, Ala. Code 1975. At sentencing on January 9, 1995, the Grantlands' counsel filed a motion for a judgment of acquittal. After a hearing on the motion, Judge Slate granted the motion and entered a judgment of acquittal. The state filed a motion for reconsideration with Judge Haddock, to whom the case had been assigned after Judge Slate's retirement. Judge Haddock denied the motion. The state then filed this petition for a writ of mandamus attacking Judge Slate's ruling and requesting that this court direct Judge Haddock to set aside Judge Slate's judgment and reinstate the Grantlands' convictions for manslaughter. For the reasons set forth below, we grant the state's petition.
Although Rule 20.3, Ala.R.Crim.P., clearly authorizes a trial judge to grant a motion for a judgment of acquittal after the jury has returned a guilty verdict, that rule does not permit a judge to enter a judgment of acquittal on grounds other than those provided for under Rule 20 generally. A motion for a judgment of acquittal tests the legal sufficiency of the evidence. Suttles v. State, 574 So.2d 1012 (Ala.Cr.App. 1990); Metzger v. State, 565 So.2d 291 (Ala.Cr.App. 1990); see, generally, Committee Comments, Rule 20.1, Ala.R.Crim.P. When presented with a challenge to the sufficiency of the evidence, the trial court, and any reviewing court, must accept the evidence presented by the state as true, must view that evidence in a light most favorable to the state, and must accord the state all legitimate inferences from the evidence. Rowe v. State, 662 So.2d 1227 (Ala. Cr.App. 1995). Where there is legal evidence from which a jury could by fair inference find a defendant guilty, a trial judge should submit
the case to the jury. Id. Moreover, where there is sufficient legal evidence to submit the case to the jury and the jury has considered that evidence and rendered its verdict, it is not proper for the trial court, or a reviewing court, to substitute its judgment for that of the jury. Winters v. State, 673 So.2d 786 (Ala.Cr.App. 1995); Rowe, 662 So.2d 1227. It is not the function of the court to assess the credibility of witnesses, weigh the evidence, or substitute its judgment as to guilt or innocence for that of the jury. Porter v. State, 666 So.2d 106 (Ala.Cr. App. 1995).
We turn to the state's evidence in this piteous case. The evidence against the Grantlands is compelling. The record reflects that on January 23, 1990, members of the Priceville Police Department investigated the death of an infant, three-month-old Kenny Grantland. A police officer dispatched to the Grantlands' residence found the child dead in his crib. Photographs introduced into evidence at trial revealed that the child was drastically emaciated. His ribs and his skull were clearly visible through his skin. The crib beneath his head was stained with dirt. Several sores were evident on his face and neck, and there was a pressur
Page 1 2 3 4 5 6 7 Alabama DUI Attorneys
DUI Lawyers
|
| |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|