Smith v. State12/22/2000
crime being parts of one continuous transaction or one continuous criminal occurrence.' C. Gamble, McElroy's Alabama Evidence (3d ed. 1977), § 69.01(3). See also Orr v. State, 462 So. 2d 1013, 1015 (Ala.Cr.App. 1984). "Evidence of other crimes is properly admissible as part of the res gestae if all of the criminal acts are part of one continuous criminal adventure by the same party occurring within a matter of hours. Miller v. State, 405 So. 2d 41 (Ala. Crim. App. 1981). See also Moseley v. State, 357 So. 2d 390 (Ala. Crim. App. 1978); Summers v. State, 348 So. 2d 1126 (Ala. Crim. App.), cert. denied, 348 So. 2d 1136 (Ala. 1977)." Pettaway v. State, 494 So. 2d 884, 886 (Ala.Cr.App. 1986). In the present case, this evidence "was intimately connected with the same transaction which is the basis of the State's case. ... The decision whether to allow or not to allow evidence of collateral crimes or acts as part of the State's case-in-chief rests within the sound discretion of the trial judge." Blanco v. State, 515 So. 2d 115, 120 (Ala.Cr.App. 1987), and cases cited therein. "The trial court did not err in overruling appellant's objection to the admission of such evidence. No matter how many distinct crimes may be involved, all the details of one continuous criminal occurrence or adventure may be given as part of the offense with which the defendant is charged." Coleman v. State, 487 So. 2d 1380, 1385 (Ala.Cr.App. 1986) and cases cited therein.'" Rowell v. State, 570 So. 2d 848, 852 (Ala. Crim. App. 1990).
We find no plain error in admitting the evidence of the appellant's assault on Derrick Gross.
The appellant also asserts that it was error to allow a Dothan police officer to testify that he had stopped the appellant two nights before the murders and that the appellant gave him a false name. We find that any error in this regard would have been harmless. This evidence could not have unduly prejudiced the jury, particularly in light of the overwhelming evidence, including the appellant's incriminating statement, of his guilt.
XIX.
The appellant contends that by having him demonstrate how he used the murder weapon, the prosecutor "created" evidence, presumably to give the jury a mental image of the murders. He argues that there was no purpose to the demonstration except to arouse the passion or prejudice of the jury.
"An accused on trial for a criminal offense cannot be required to give or furnish testimony against himself either by way of spoken words or by act. Hubbard v. State, 283 Ala. 183, 215 So. 2d 261 (1968); Dean v. State, 240 Ala. 8, 197 So. 53 (1940); Article I, § 6, Constitution of Alabama of 1901. However where an accused elects to testify for himself, he waives his constitutional right not to be compelled to give evidence against himself. Brown v. United States, 356 U.S. 148, 154 ... (1958); Lipscomb v. State, 32 Ala. App. 623, 29 So. 2d 145 (1947); Green v. State, 218 Ala. 363, 118 So. 506 (1928); Carpenter v. State, 193 Ala. 51, 69 So. 531 (1915); Kelley v. State, 160 Ala. 48, 49 So. 535 (1909); Cotton v. State, 87 Ala. 103, 6 So. 372 (1889). A defendant who has introduced himself as a witness may be cross-examined and compelled to do what would be material and competent of any other witness. Coates v. State, 253 Ala. 290, 45 So. 2d 35 (1950); Smith v. State, 247 Ala. 354, 24 So. 2d 546 (1946). 'An accused who has testified in his own behalf may be cross- examined as to any facts or matters, even though collateral, which are inconsistent with the testimony given by him on direct examination, and tend to qualify or contradict such testimony, or to show its improbability.' 98 C.J.S. Criminal Law § 401(3) (1957). See also Nicholson v. State, 150 Ala
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