There is an abrasion on the anterior chest right above the breastbone. A third cleancut wound one-half inch in length was observed on the left chest, five inches left of the midline and located on the nipple line in this location here (indicating). A cleancut laceration measuring one-half inch in length was found on the superior left chest in the upper portion of the left side of the chest. There was a deep, cleancut laceration two and a quarter inches in length across the point of the chin, across this general area on the middle of the chin. Roper's qualifications were admitted by the attorneys for appellant, and he gave the following description of the general external examination: The body was carried to the morgue room of the Lee County Hospital where a post mortem examination was conducted by Mr. After proper predicate was laid these photographs were admitted into evidence over appellant's objections. Lieutenant Ronnie Watkins of the Lee County Sheriff's Department was called to take photographs of the store and scene of the homicide, including the body, the black hat, brown hat, black wig, the bag of money, a paring knife on the floor, and items or articles which had been knocked from the shelves and were lying on the floor, and some broken glass jars scattered around on the floor. Richard Roper of the State Department of Toxicology and Criminal Investigation at Auburn and they immediately came to the scene of the homicide. The Lieutenant did not touch any thing on the floor and in the store except in feeling the body to see if the man was alive.
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This witness also found an open brown paper bag on the floor near the cash register. Things had been knocked off the shelves and laying around on the floor." There was a black hat laying on the floor and a black wig laying on the floor, a gold-colored watch, and there were signs of a scuffle. I felt for a pulse and I didn't find any pulse and I felt on his back and I felt a little lump under the skin. "Well, the body was lying kind of face down he had a hat, a brown hat clutched in his hand it was mostly under him. He went in the store and found the body of the owner and operator of the store, Charles Kirkley, lying on the floor behind the check-out counter. *64 Lieutenant Frank DeGraffenried of the Auburn Police Department got the robbery call at 8:45 P.M. After the police were alerted, Cook and Floyd drove back to the store where Cook told Floyd to "Let's go inside and check on the man and see if he's all right, if we can help him." They got out of the car and started in the store when Floyd stopped and said he didn't want to go in there, saying, "The man is liable to be dead." Floyd then disappeared into the night. Cook told the operator at the service station to call the police as a robbery had occurred at the store. As Cook was driving from the store, he saw two black men come out of the store and run into the woods near the store. Let's get out of here." Cook backed out to go to a nearby self-service station to call the police and Floyd rode with him. Cook asked him if he was in on this and Floyd said, "Hell, no. Cook retreated to his car and Floyd got in the car on the passenger side. Floyd stopped him and told him not to go in the store as a "stickup" was in progress. While the two were inside the store an Auburn student, Alfred Cook, drove up and parked his car and started to enter the store. Appellant was armed with a pistol and Cofield had a knife.
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Appellant and Cofield went inside the store. They were subsequently identified as appellant, Clarence Cofield, and Norris Lee Floyd. Two of the men entered the store and the third remained on the outside in front of the store.
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On the night of October 17, 1972, three black men drove within a block of a store located on Dean Road in Auburn, Alabama.
Reasonable doubt zippy trial#
Trial counsel was appointed to represent appellant on this appeal. Since there was no evidence introduced in support of his insanity plea, the trial court did not submit that issue to the jury. Appellant did not testify and offered no testimony in his defense. He interposed two pleas to the indictment, (1) not guilty and (2) not guilty by reason of insanity. Prior to arraignment, he was determined to be an indigent and two lawyers were appointed to represent him. Gen., Fairhope, for the State.Īppellant was convicted of murder in the first degree and received a life sentence in the pentitentiary.