State v. Harris2/20/1998
APPEAL FROM DISTRICT COURT, PARISH OF EAST BATON ROUGE, NO. 12-94-1285, STATE OF LOUISIANA, HONORABLE RALPH E. TYSON, J.
The defendant, Charles "Joe" Harris, was charged by indictment with second degree murder, a violation of LSA-R.S. 14:30.1. The defendant pled not guilty, was tried by a jury, and was found guilty as charged. He was sentenced to life imprisonment at hard labor without benefit of probation, parole, or suspension of sentence. The defendant appeals, asserting nine assignments of error.
FACTS
Pertinent testimony from trial was as follows. Henry Johnson testified that on Saturday, November 26, 1994, at approximately 1:30 or 2:00 p.m., he, the defendant (his boss), and the victim (a co-worker), had finished some foundation work and stopped at a store, where they bought some beer and two pints of whiskey. They then went to the victim's house and sat in the yard, drinking and talking, as they did daily. According to Mr. Johnson, they did not drink more on this day than usual. Mr. Johnson stated they would "get our little buzz" and then go their separate ways. Mr. Johnson testified that they did not get paid by the man who hired them for the work that they had done, so the defendant agreed to give him and the victim an $80 check, of which each would get $40. The defendant drove them to his house because his checkbook was there; the defendant had no problem driving. Mr. Johnson stated that at the defendant's house, they sat in the kitchen and had a couple of beers. Mr. Johnson also drank some of a fifth of whiskey and the defendant had a couple of sips. The men were talking and Mr. Johnson left to use the bathroom outside. As he was walking back into the house, he heard a shot. According to Mr. Johnson, before the shooting, all three of them were fighting as they did every day on and off the job, and they "cuss each other out." Mr. Johnson could not recall the defendant telling the victim to get out of his house, but, according to Mr. Johnson, the defendant had told him (Johnson) that before, and he paid the defendant no attention. According to Mr. Johnson, everything that day was typical. Mr. Johnson testified that neither he nor the defendant had a problem walking, talking, or performing any physical actions, and he described the defendant as "Normal. Just feeling good, like."
On cross-examination, Mr. Johnson testified that he had known the defendant and the victim for a year and a half. Mr. Johnson stated that, on the day of the shooting, the three men bought a twelve-pack of beer and two pints of whiskey from the store. Mr. Johnson testified that he was drinking the whiskey and the victim and the defendant were drinking the beer and taking sips of the whiskey. Mr. Johnson testified that the three men stopped to buy more liquor on the way to the defendant's house because they "wasn't quite there on that buzz." They bought another twelve-pack of beer, and the defendant had a fifth of whiskey at his house. When asked by the defense counsel if everyone was "feeling pretty good" when he left the house to go to the bathroom, Mr. Johnson testified, "Pretty good. I imagine so. I know I was. So I can't tell about their feelings." Mr. Johnson testified that he did not hear the victim tell the defendant he would not leave the house without his money, but Mr. Johnson also stated that all three men raised their voices to one another and argued about money every day. Mr. Johnson did hear the men cursing at one another.
Janice Smith, the victim's girlfriend, testified that the victim, the defendant, and "Chop Chop" (Johnson) came to her and the victim's house after finishing work between 1:30 and 2:30 p.m. She stated that the men drank beer and whiske
Page 1 2 3 4 5 6 7 8 9 10 11 12 Louisiana DUI Attorneys
DUI Lawyers
|