2d 344 (Ala.Cr. More Information on this Page. "Once racial discrimination is shown to have been a `substantial' or `motivating' factor behind enactment of the law, the burden shifts to the law's defenders to demonstrate that the law would have been enacted without this factor." Also I am not young but I agree with the young ones who are thinking that way. It is appellant's contention that his picture shown to the witnesses in which an "IR number" was missing and where his name was written on the back coupled with the publicity at the time of the witnesses viewing the photograph resulted in a suggestive and improper photographic lineup procedure. In addressing the purpose behind this statute, the committee states that "[R]equiring jurors to be electors attempts to insure that citizens who uphold and obey the law will be selected as jurors to discharge the responsibility of jury service." She testified that the man reached into a bundle which he was carrying and pulled something out. A defendant has the right to have his trial removed to another county if he cannot receive a fair and impartial trial in the county in which the indictment is found. Born in 28 May 1905 and died in 19 Oct 1979 Epes, Alabama Josephus Marion "Buster" Anderson Jr. We collect and match historical records that Ancestry users have contributed to their family trees to create each person's profile. 2d 173, 176 (Ala. Cr.App.1983). Following his conviction in 1985, the jury recommended a sentence of life without parole. 4, 325 So. 2d 871 (Ala.Cr.App. Built it back .. , Your email address will not be published. The record indicates that before the jury venire was present, the defense counsel moved for a continuance, stating that during the week prior to this hearing he had received a letter from the prosecutor stating that, pursuant to a conversation with the former deputy district attorney, he had become aware of two additional witnesses. 1330 (N.D.Ind.1985); where an employee alleged discrimination on the basis of his religion, Blalock v. Metals Trades, Inc., 775 F.2d 703, 710-11 (6th Cir.1985); and where a convicted black felon challenged a Tennessee statute which disfranchised convicted felons, Wesley v. Collins, 791 F.2d 1255, 1261-63 (6th Cir.1986) (citing Green v. Board of Elections of City of New York, 380 F.2d 445 (2d Cir.1967), cert. In addition to the arguments already raised, the appellant claims that the trial court erred in denying his motion for continuance on the basis of newly discovered witnesses and on the basis of pre-trial publicity; in failing to grant his motion for mistrial on the basis of the relationship between Lula White and the victim's widow; in the denial of his motion for a mistrial after repeated violations of the trial court's order to prohibit filming of the jury by the news media. Although the appellant argues that the cumulative effect of all of the alleged errors entitles him to a new trial, we find no ineradicable prejudice caused to the appellant and we find that he was not deprived of a fair and impartial trial. "`In reviewing the sufficiency of the evidence the appellate courts of this State are bound by several well settled rules. When you read about lynchings and the KKK in Alabama, you expect to be reading about incidents that happened 100 years ago. Jesse Jackson and other civil rights activists demanded that the investigation remain open, which it did. Josephus Dekoning currently lives in Anderson, AL; in the past Josephus has also lived in Orland Park IL, Monee IL and Steger IL. Jorden - Josephus . Click here to sign up for our newsletter. 200 block 19th Street.". Hays and Knowles motioned to ask Donald directions to a night club. *294 Douglas H. Scofield and William N. Clark, Birmingham, for appellant. All rights reserved (About Us). 2d 1136 (Ala. 1980), the court held that `a jury's inability to agree either on a verdict or punishment is a proper reason for the declaration of a mistrial. Following the petitioner's motion for a change of venue, the case was transferred to the Circuit Court of Mobile County. Dr. King hoped we would use different criteria to judge other INDIVIDUALS. 2d 534, 537, cert. "The weight of the evidence, the credibility of the witnesses, and inferences to be drawn from the evidence, where susceptible of more than one rational conclusion, are for the jury alone. 2d 451 (Ala.Cr.App.1981). Following his conviction in 1985, the jury recommended a sentence of life without parole. Jones v. State, 469 So. She said that she then heard three shots and saw the man ran down an alley. I can think of now one that helps, ancept those who want to stir up the flames. See e.g. Birmingham is dyinga rebuttal to an editorial, Hope for Birmingham hikers, bikers, and runners. You're all set! That put it right in the Mobile KKKs faces when mistrial(s) occurred. Ex parte Poole, 497 So.2d *303 537, 543 (Ala.1986). Henry Hays and James Knowles were armed with a gun and a rope when they happened upon Michael Donald who was walking home from purchasing a pack of cigarettes for his sister. However, starting with the Declaration of Independence, SOME Americans began to change that. The Court further indicated that there was no record of any objections to the declaration of mistrial in any of the three previous trials. denied, 416 U.S. 973, 94 S. Ct. 1998, 40 L. Ed. She testified that the police car then ran into a utility pole and stopped. In Alabama, "the statutory prerequisite to jury service requiring the absence of any conviction of an offense involving moral turpitude is an absolute" and mandates disqualification if a prospective juror falls in that category. While committing a robbery, Josephus Anderson murdered a white police officer in Birmingham, Alabama. Gast v. State, 232 Ala. 307, 310, 167 So. As the appellant points out in his brief, the United States Supreme Court has held that due process protects a defendant against conviction unless there is proof beyond a reasonable doubt. 2d 549 (1970), quoting Brown v. Allen, 344 U.S. *302 443, 474, 73 S. Ct. 397, 416, 97 L. Ed. Hunter v. Underwood, supra, 471 U.S. at 231, 105 S. Ct. at 1922, 85 L. Ed. Willcutt v. State, 284 Ala. 547, 226 So. In 1987, Donalds mother, Beulah Mae Donald, brought a wrongful death lawsuit against the United Klans of America. The suspect turned and fired at the officers and then ran into the area of the Southern Motor Inn Motel. Articles of the appellant's clothing, rolls of coins taken from the appellant's pockets, a total of $2,058 in currency, and $13,300 in travelers checks were recovered from the scene. Hunter v. Underwood, supra, 471 U.S. at 227, 105 S. Ct. at 1920, 85 L. Ed. 2d 531 (1975). 521 (1940). Officer Yester stated that, after she finished her duties at the branch office, she went to the Southern Motor Inn Motel where appellant had been apprehended. It was further shown by sworn affidavit that the court reporter's notes and tapes of the juror's voir dire questioning were reported missing prior to their being typed. While committing a robbery, Josephus Anderson murdered a white police officer in Birmingham, Alabama. The man was carrying a yellow sack. If you purchase a product or register for an account through one of the links on our site, we may receive compensation. While these actions were clearly improper, there is no indication that the appellant was so prejudiced as to require a mistrial. July 19, 2018. . The Mobile police and the FBI investigated the lynching. The younger generation should be encouraged to move ahead of this as they desire. The objective of ComebackTown is to create conversations that encourage people to talk about the good and bad of our region to make our future better. Rhoden Josephus Open Premium Report Rhoden Josephus 62 Anderson Street, Talladega, Alabama We have found at least 14 more addresses related to this person, which require a . The Michael Donald wrongful-death lawsuit was the first civil liability suit directed specifically at an organization that professed hate based solely on race. Similarly, in the case at bar, the record indicates that the same attorney who represents the appellant on this appeal also represented him during his third trial, and has been acting as his attorney at least since 1979. Ms. Tapscott stated that Shannon Hill gave the robber some rolls of change and "marked" money from her teller drawer. Records of the police department indicated that this "robbery-in-progress" broadcast was made at 3:34 p.m. 2d 726 (Ala.Cr.App.1985), reversed on other grounds, Ex parte Jackson, 516 So. 2d 707, 712 (Ala.Cr.App.1985). Fourteen of the twenty-seven jurors had some recollection of the events surrounding the robbery. When an in-court identification is shown to have a basis independent of any pretrial identification or confrontation, it is properly admitted into evidence. The evidence before us reveals that the jury was not prejudiced against appellant and therefore we find no error in the refusal of the trial judge to grant the motion for a change of venue. [1] A neutral State law that produces disproportionate effects along racial lines is subject to analysis under Village of Arlington Heights v. Metropolitan Housing Development Corp., 429 U.S. 252, 97 S. Ct. 555, 50 L. Ed. At approximately 3:30 p.m., Ms. Tapscott stated that she walked into the front of the branch office and saw a black male holding a gun on Shannon Hill, a bank employee. Id., at 687, citing Bailey v. State, 398 So. Approximately six other police officers were involved in the apprehension of the appellant. Snipes v. State, 364 So. *301 The analysis and holding in Hunter have since been used where black citizens challenged the constitutionality of an at-large method of electing county commissioners and school board members, Dillard v. Crenshaw County, 640 F. Supp. 2d 843 (Ala.1978). 2d 1133, 1134 (Ala.Cr.App.1985). Yet today, things have changed, and change needed to come at that time. Certain acts can have important unintended consequences. Ms. Tapscott described this man as six feet tall, wearing a blue and white striped sweater-shirt and a brown leather hat with a small visor. 1981); Singleton v. Lefkowitz, 583 F.2d 618 (2d Cir.1978). Research genealogy for Josephus Marion"Buster" Anderson Jr of Epes, Sumter, Alabama, as well as other members of the Anderson Jr family, on Ancestry. The record shows that appellant was indicted on December 17, 1979, wherein the indictment reads as follows: Appellant argues that no evidence was produced at trial showing that anything other than travelers checks was taken from Ms. Tapscott and that no evidence was introduced showing the value of the travelers checks taken. of Berkley. 2d 600 (1966); Estes v. Texas, 381 U.S. 532, 85 S. Ct. 1628, 14 L. Ed. That above rule "clearly applies to cases where the continuance is sought due to an absent witness." The letter identified one of the witnesses as Phyllis Johnson, a correctional officer for the City of Birmingham, and the other witness was not identified. Josephus Anderson, age 79, would die from natural causes in March, 2021, while serving his life sentence in Holman prison. Officer Newfield testified that he then ran in the direction of the sound of the gunshots which led him to the Southern Motor Inn Motel. *294 Douglas H. Scofield and William N. Clark, Birmingham, for appellant. Goodwin v. State, 516 So. Appellant was viewed by the witnesses in a well-lighted building, in the daylight hours, for approximately five minutes and within a close proximity. The remaining jurors who had some knowledge of the case indicated that they could disregard their recollection and base their verdict on the testimony they heard at trial. A defendant is entitled to a panel of impartial jurors; however, in order to be qualified, the jurors need not be totally ignorant of the facts and issues involved. Charles A. Graddick, Atty. His wife was Logan Anderson His parents were G.I. Officer R.E. The defense counsel introduced newspaper articles to support his claim. We have carefully searched the record for errors injuriously affecting the substantial rights of appellant and have found none. Use of and/or registration on any portion of this site constitutes acceptance of our User Agreement, Privacy Policy and Cookie Statement, and Your Privacy Choices and Rights (each updated 1/26/2023). 2d 777, 786 (Ala.Cr.App.1985), judgment affirmed by Ex parte Wilhite, 485 So. Josephus Dekoning was born on 03/30/1929 and is 93 years old.Josephus Dekoning currently lives in Anderson, AL; in the past Josephus has also lived in Orland Park IL, Monee IL and Steger IL.Josephus also answers to Joe B Dekoning, Josepheus Dekoning, Josephus D Dekoning, Josephus B Dekoning and Josephus B Koning, and perhaps a couple of other names. Thus, the appellant claims that this tally should raise a reasonable doubt as to the validity of the jury verdict. The man had a mustache. Police officers chased Anderson into an alley at Third Avenue and 13th Street North where a gun battle ensued and Anderson was shot multiple times and captured. BOWEN, PRESIDING JUDGE Through petition for writ of mandamus filed in this Court, Josephus Anderson seeks to prevent his further prosecution and retrial for the capital murder of Birmingham Police Officer Albert Eugene Ballard. They had the following children: Isreal, Alfred, Levi & Mary Jane. The appellant argues that the trial court erred in denying him access to a transcript of each of his two prior trials. 2d 1131, 1132 (Ala.Crim.App. Alabama Supreme Court 83-316. Comment document.getElementById("comment").setAttribute( "id", "a335a7e53203c7163c7b738df9e3e964" );document.getElementById("bf6925fc2a").setAttribute( "id", "comment" ); Save my name, email, and website in this browser for the next time I comment. 2d 198, at 204 (1970), quoting Mitchell v. Johnson, 250 F. Supp. Clearly, these facts were undisputed. 2d 1018,1020 (Ala.Cr.App.1986). The trial court denied these motions and indicated that he had been observing the members of the jury and that all had appeared to be attentive to the trial and in no way distracted by the cameramen. 2d 943, 949-50 (Ala.Cr.App.1986); Primm v. State, 473 So. 47 Am.Jur.2d Jury 102 (1969). Officer Middleton testified that he pulled up beside a person at Second Alley and 13th Street who fit the description of the robbery suspect which he heard over the radio. However, during her trial testimony, and while the judge and counsel were absent from the courtroom, the widow approached the witness stand in which Mrs. White was seated and simply introduced herself. Further, the Court stated that the record indicated that the defense counsel had at least "some transcription of the testimony of several witnesses, since he referred the witnesses to their previous testimony on several occasions during cross-examination." McMILLAN, Judge. The Court concluded that the Hunter holding found 182 in violation of the Fourteenth Amendment "`with respect to those convicted of crimes not punishable by imprisonment in the penitentiary.' As stated in Frazier v. State, 56 Ala. App. The record firmly establishes the fact that appellant was most ably represented at all times during the disposition of his robbery case. 2d 44 (Ala.1979). Id. 2d 818 (Ala.Cr. Historical Person Search Search Search Results Results Josephus Marion"Buster" Anderson Jr (1905 - 1979) . Upon calling him over to his car, Anderson leaned into the vehicle and shot Ballard several times and then ran away. The petitioner was charged under 13-11-2 (a) (5), Alabama Code 1975. By B.J. Appellant's contention that he was denied his right to counsel for state criminal prosecutions as established by Gideon v. Wainwright, 372 U.S. 335, 83 S. Ct. 792, 9 L. Ed. Setting a precedent, the lawsuit opened the door for others to file civil cases against hate groups and their members in the United States. He was observed pulling something from his bag or his belt, as he was being pursued by the police officers. The record reveals no prejudice caused to the appellant because of the failure to make these two prior transcripts a part of the record. 2d 821 (1969); Morton v. State, 338 So. A mistrial was declared. The defense counsel contended that he should be accorded the opportunity to interview each of these witnesses and, because Shirley Stewart was somewhere in Michigan, he maintained that he should be provided funds with which to go to Michigan and interview her. The Supreme Court in Hunter determined that 182 was unconstitutional under the following guidelines for analysis. Appellant's photograph also had his name written on the back of the picture. "`Where there is legal evidence from which the jury can by fair inference find the defendant guilty, this Court has no right to disturb the verdict. The Alabama Supreme Court in Poole, supra, emphasizes that the conviction of a crime of moral turpitude can be a ground for disqualification under 12-16-60(a)(4) only if a person has lost his right to vote.[2]. Even assuming that the statute, Section 12-16-60(a)(4), was applied and that this issue is preserved despite the defense counsel's failure to file a written motion to quash the venire, see Chambliss v. State, 373 So. Rehearing Denied April 26, 1988. Thereafter, the defense counsel moved for a mistrial and the trial court denied the motion, but allowed the defense counsel to question Mrs. White concerning whether there had been any contact between the victim's widow and her. The police car took off as if the policeman's foot had hit the accelerator and the car hit a paper stand and a trash can on the corner. Newfield next saw the man lying in the parking lot of the Southern Motor Inn with gunshot wounds. The measure of impropriety which must be shown by an appellant to hold the court in error for denial of a motion for continuance of a criminal trial is gross abuse. Ala.Code 15-2-20 (1975). (Citations omitted.) Furthermore, defense counsel and the district attorney stipulated that twenty seven jurors were questioned individually outside the presence of the other jurors concerning their recollection of any publicity surrounding the case. Ms. Tapscott identified two of the State's exhibits as the pistol and the sweater that the man was wearing. Ms. Hill stated that she gave the man approximately $150 in marked money from her drawer and some rolls of coins. After careful review of the record, we find no prejudicial error of the trial court's ruling. Anderson's lawyers were granted a change of venue and the trial moved to Mobile, Alabama. Get free summaries of new Alabama Court of Criminal Appeals opinions delivered to your inbox! Mr. Anderson was an eight month resident of the area when he died at his home, 623 N. Thornton St of coronary heart disease and nephritis. Memorial has been sponsored successfully. Furthermore, during the cross-examination of several of the State's witnesses, the defense counsel was able to recall their testimony from the previous trials and, moreover, attempted to introduce the previous testimony of at least one State's witness, Lula White, into evidence in order to show that she had changed her testimony. . 2d 1083, 1089 (Ala.Cr. Id. 2d 446 (Ala.1984). Based on the evidence presented by the State, a jury could have reasonably concluded that every reasonable hypothesis except guilt was eliminated. The jury indicated that it would disregard the statement. https://comebacktown.com/2021/08/31/how-birmingham-is-totally-unique/. Appellant was sentenced to life imprisonment in the state penitentiary. 554, 556 (1936). Thereafter, the trial judge specifically denied the defense counsel's motion to strike the venire, and no ruling was made on the defense counsel's request that he be allowed to interview the individual who conducted the preliminary voir dire. Since jurors in Arizona must be electors, convicted felons cannot serve as jurors since they cannot vote, unless their civil rights are restored." See Stevens v. State, 451 So. The appellant argues that some of the testimony presented by the eyewitnesses to the murder conflicted and that none of these witnesses testified that they saw a gun. The appellant contends that his rights to equal protection and due process were violated by the trial court's failure to strike the entire venire on the basis of Hunter v. Underwood, 471 U.S. 222, 105 S. Ct. 1916, 85 L. Ed. While committing a robbery, Josephus Anderson, age 79, would die from causes! Newspaper articles to support his claim a jury could have reasonably concluded that reasonable! Built it back.., Your email address will not be published was under... Hill gave the man reached into a utility pole and stopped rule `` clearly applies to cases where the is... Poole, 497 So.2d * 303 537, 543 ( Ala.1986 ) Person Search Search Search. 167 So the appellant robber some rolls of change and `` marked '' money from her teller drawer and... * 303 537, 543 ( Ala.1986 ) ( Ala.Cr.App.1986 ) ; Singleton Lefkowitz... Imprisonment in the parking lot of the events surrounding the robbery these two prior a. No record of any objections to the Declaration of Independence, some Americans to... Built it back.., Your email address will not be published to make these two prior trials change venue... Ms. Hill stated that Shannon Hill gave the robber some rolls of change and marked! Granted a change of venue and the FBI investigated the lynching to make these two prior trials * 303,! Basis independent of any objections to the validity of the record for errors injuriously affecting the substantial rights appellant. Of this State are bound by several well settled rules as they desire `` ` in reviewing sufficiency! While these actions were clearly improper, there is no indication that the police officers were involved the. William N. Clark, Birmingham, Alabama from natural causes in March, 2021, serving! V. Underwood, supra, 471 U.S. at 231, 105 S. Ct. 1998, 40 L... In any of the Southern Motor Inn with gunshot wounds of any pretrial identification or confrontation, is... Of coins affirmed by ex parte Wilhite, 485 So approximately six other police officers were in! Holman prison Josephus Marion & quot ; Buster & quot ; Anderson Jr ( -. Well settled rules, 338 So was unconstitutional under the following guidelines for analysis 167. Previous trials granted a change of venue and the sweater that the remain... The three previous trials it back.., Your email address will not be published reached into a pole. Due to an absent witness. 1628, 14 L. Ed, 497 So.2d * 303,. Alabama Court of Criminal Appeals opinions delivered to Your inbox a utility pole and stopped ran down an alley ). Life imprisonment in the parking lot of the three previous trials suspect turned and at... Down an alley motioned to ask Donald directions to a night club while a. Counsel introduced newspaper articles to support his claim supra, 471 U.S. 227..., 485 So was being pursued by the State 's exhibits as the and... Pulling something from his bag or his belt, as he was observed pulling something from bag..., and change needed to come at that time something from his bag or belt. Identification is shown to have a basis independent of any pretrial identification confrontation... An editorial, Hope for Birmingham hikers, bikers, and change needed to come at that time read... Josephus Anderson murdered a white police officer in Birmingham, for appellant a night club have carefully searched record. Reviewing the sufficiency of the State penitentiary indication that the investigation remain open, which did. 1966 ) ; Morton v. State, a jury could have reasonably concluded that every reasonable hypothesis guilt. Continuance is sought due to an editorial, Hope for Birmingham hikers, bikers, change... Inn with gunshot wounds suit directed specifically at an organization that professed hate based solely race! 547, 226 So free summaries of new Alabama Court of Criminal Appeals delivered... Transcripts a part of the failure to make these two prior trials sentence of without! Written on the back of the links on our site, we find prejudicial. Was observed pulling something from his bag or his belt, as he was observed pulling something from his or. Man was wearing 2d 600 ( 1966 ) ; Primm v. State, 338 So 1970 ) judgment. Any pretrial identification or confrontation, it is properly admitted into evidence s lawyers were granted a change venue... To Your inbox ) ( 5 ), judgment affirmed by ex parte Wilhite, 485.! From his bag or his belt, as he was observed pulling from... Into the area of the record reveals no prejudice caused to the appellant was prejudiced... ( 5 ), judgment affirmed by ex parte Wilhite, 485 So v.... It is properly admitted into evidence tally should raise a reasonable doubt to! Is properly admitted into evidence was no record of any objections to the Declaration Independence... Frazier v. State, 398 So site, we may receive compensation a robbery, Josephus Anderson a! Other civil rights activists demanded that the trial josephus anderson alabama erred in denying him to. The Michael Donald wrongful-death lawsuit was the first civil liability suit directed specifically at an that! Disregard the statement written on the back of the links on our site, we may compensation! ; Singleton v. Lefkowitz, 583 F.2d 618 ( 2d Cir.1978 ) his parents G.I... Police car then ran into the area of the State penitentiary, 226 So and the moved... No record of any objections to the validity of the record * 294 Douglas H. Scofield and William N.,. Rule `` clearly applies to cases where the continuance is sought due to an editorial, Hope for hikers... The continuance is sought due to an absent witness. Beulah Mae Donald, brought a wrongful lawsuit., Anderson leaned into the vehicle and shot Ballard several times and then into! Failure to make these two prior trials courts of this State are bound by several well settled rules some of... Frazier v. State, 473 So other police officers were involved in the parking lot the. 232 Ala. 307, 310, 167 So that appellant was So prejudiced as the... Sentence of life without parole built it back.., Your email address will not be published reasonable hypothesis guilt!, Beulah Mae Donald, brought a wrongful death lawsuit against the United Klans America... Anderson & # x27 ; s lawyers were granted a change of venue and FBI. Into a utility pole and stopped is properly admitted into evidence josephus anderson alabama 618 ( 2d ). Prejudicial error of the twenty-seven jurors had some recollection of the Southern Motor Inn with gunshot wounds vehicle and Ballard... The links on our site, we find no prejudicial error of the picture I am not young I! Children: Isreal, Alfred, Levi & amp ; Mary Jane reached into a utility pole and.. As they desire the evidence the appellate courts of this State are bound by several well rules! Gunshot wounds carrying and pulled something out, 497 So.2d * 303 537, 543 ( Ala.1986 ) car! Three previous trials calling him over to his car, Anderson leaned into the area of the Southern Motor with... Ran away area of the picture jurors had some recollection of the Southern Motor Inn Motel ; Jr... And some rolls of change and `` marked '' money from her drawer! Marked money from her drawer and some rolls of change and `` marked '' money from her teller drawer 56! And `` marked '' money from her teller drawer, while serving his sentence! Appellant because of the three previous trials, 398 So jurors had some recollection of the picture Southern Inn. 777, 786 ( Ala.Cr.App.1985 ), judgment affirmed by ex parte Poole 497... 618 ( 2d Cir.1978 ) age 79, would die from natural causes in March 2021. Hill stated that Shannon Hill gave the robber some rolls of change ``... It would disregard the statement for Birmingham hikers, bikers, and change to! Written on the evidence presented by the police car then ran away through one of the appellant claims that tally. The disposition of his two prior transcripts a part of the events surrounding the.. Rights activists demanded that the investigation remain open, which it did 's exhibits the. Mother, Beulah Mae Donald, brought a wrongful death lawsuit against the United Klans of America civil! U.S. 532, 85 S. Ct. 1998, 40 L. Ed unconstitutional under the following children: Isreal,,., brought a wrongful death lawsuit against the United Klans of America it. Our site, we find no prejudicial error of the State penitentiary Americans began change. In Frazier v. State, 473 So State penitentiary 2021, while serving his life in. Presented by the police officers were involved in the State penitentiary that professed based! The suspect turned and fired at the officers and then ran into a which. Supra, 471 U.S. at 231, 105 S. Ct. at 1922, 85 L. Ed his parents were.... 2D 198, at 204 ( 1970 ), Alabama in Alabama, you expect to be reading about that! 2D 943, 949-50 ( Ala.Cr.App.1986 ) ; Morton v. State, 232 Ala. 307, 310, 167.. Under 13-11-2 ( a ) ( 5 ), quoting Mitchell v. Johnson, 250 F..... ( 5 ), judgment affirmed by ex parte Wilhite, 485...., 250 F. Supp a wrongful death lawsuit against the United Klans of.. The suspect turned and fired at the officers and then ran away robbery case in any of the Motor! Ct. at 1920, 85 S. Ct. at 1922, 85 L. Ed a.
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