Armstead v. State

Summary

The Alabama Court of Criminal Appeals affirmed Marvin Alphonso Armstead’s conviction for second-degree murder and thirty-year sentence. The court rejected claims concerning jury separation, the swearing and empaneling of an alternate juror, and limitations on testimony regarding the deceased’s apparent movements and the appellant’s perception of them. The court held that the issues were either not preserved for appellate review or involved properly excluded conclusions.

Holdings

1. The alleged jury separation was not reviewable because Armstead made no objection at trial, moved for no mistrial, and did not raise the issue in his motion for a new trial.
2. The record was presumed correct as to the alternate juror's empanelment and oath because Armstead made no challenge or obtained no ruling in the trial court or on motion for a new trial.
3. The trial court correctly sustained the State's objections to testimony expressing what the deceased appeared or intended to do because such testimony was a conclusion rather than a statement of fact.

Questions Presented

1. Whether the alleged separation of the jury could be raised for the first time on appeal when no objection, mistrial motion, or new-trial ground addressed the issue.
2. Whether the record established that the alternate juror was not properly sworn and empaneled under Title 30, Section 58, Code of Alabama 1940, despite the absence of a trial-court challenge or ruling.
3. Whether the trial court improperly excluded Armstead's testimony concerning what he believed the deceased was about to do.

Disposition

affirmed