She testified that the man reached into a bundle which he was carrying and pulled something out. Bradley v. State, 450 So. 2d 774 (1966). A Coroners Perspective of Jefferson County, Alabama in the Early 20th Century. The book provides a review of Jefferson County during the turbulent first half of the 20th century as seen through the eyes of the coroners, law enforcement officials and news media during that time along with statistical comparisons to our current community. In looking to the purpose in requiring that a prospective juror "has not lost the right to vote by conviction for any offense involving moral turpitude," we note that other sources have similar provisions. Id. 2d 707, 712 (Ala.Cr.App.1985). Many have left due to job availability and desire for betterment for themselves and their family. Francis Hays, the second-highest Klan official in Alabama, and his fellow members of Unit 900 of the I well remember when Gene Ballard was shot and having to take a turn guarding Anderson at the hospital. Im sure you read Richard Dickersons piece a few weeks back promoting that effort. I agree with you. 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. I understand the desire to turn away from the darkness of history, but to do that is to deny truth in terms of what we are capable of (both the good and the ugly). She stated that the robber put all the money into a yellow paper bag. Michael's body was crumpled from beatings and his neck slashed. 2d 821 (1969); Morton v. State, 338 So. Jay Glass retired as Chie denied, 368 So. 2d 142 (1982) to argue in his brief that "when faced with the question of the propriety of a grant or a denial of a continuance for the purpose of producing a defense witness, the proper question is not whether the trial judge abused his discretion, but whether the denial of the continuance violated the defendant's constitutional rights to compulsory process and effective assistance of counsel." She stated that Ms. Hill was attempting to open the bank safe. In 1987, Donalds mother, Beulah Mae Donald, brought a wrongful death lawsuit against the United Klans of America. 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. Through a 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. Wasnt the trial moved to Mobile at some point? There he observed appellant lying on the ground in front of the motel swimming pool. Jay Glass retired as Chief Deputy Coroner following 35 years of service with the Jefferson County Coroner/Medical Examiner Office. Durham, you are absolutely right! Another witness testified that she observed the officer in the police car call the man over to his car. We cant rewrite OR I write that history. at 1185. 2d 1164, 1169 (Ala.Cr.App.1979), writ quashed by Ex parte Johnson, 378 So. From the record, we find that appellant was indicted for robbery on December 7, 1979. As such, it violates equal protection under Arlington Heights." Anderson v. State, 362 So. 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. The prosecution of Josephus Anderson for the murder of Officer Ballard would then commence a long 5 1/2 year process which would include four trials, the first three of which would end in hung juries. Josephus Anderson, age 79, would die from natural causes in March, 2021, while serving his life sentence in Holman prison. Certain acts can have important unintended consequences. *297 denied, 291 Ala. 803, 279 So. The defense counsel introduced newspaper articles to support his claim. Thanks T.K.! No mention is made as to disfranchisement on these grounds. The appellant was ordered to stop, but did not do so. Jones v. State, 469 So. https://comebacktown.com/2021/08/31/how-birmingham-is-totally-unique/, Local entrepreneur sells company for $1.2 billionbig win for Birmingham, Man wakes from 35-year cryogenic freeze to find a new Birmingham. Officer Newfield stated that he observed appellant walking down 16th Street toward him and turn left on Second Alley. Dr. King hoped we would use different criteria to judge other INDIVIDUALS. The Christmas shopping rush was on when a call went out over the police radio reporting an armed robbery at a savings and loan branch and which included a description of a Black male suspect. 2d 69 (1986). It .. And yes him and his klansmans were brought up in Beluhas case ..she broke the klan but they changed the names and. Jill Tapscott, an employee of Jefferson Federal Savings and Loan Association, testified that on November 29, 1979, she observed a black man standing in the building holding a gun. The petitioner, Josephus Anderson, was indicted on December 7, 1979, in Jefferson County for the November 29th capital murder of Officer Albert Eugene Ballard. Members of Unit 900 of the United Klans of America declared that justice for the white officer would never happen because there was a black man on the jury. Both witnesses replied that they recalled what the robber looked like *1370 by viewing him during the robbery of the bank rather than from viewing any photographs. In 1981, shortly after the jury in the first trial of Anderson could not reach a verdict, several members of the Ku Klux Klan in Mobile reacted to this outcome by abducting a 19 year old Black man named Michael Donald. We cannot erase those portions of our past that , at the time May have seemed very strange and threatening. 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. Channell v. State, 477 So. The record shows that appellant moved the trial court for a Rule 10(f) order to supplement the record to show the individual jurors' answers to voir dire questions. The first unresponsive answer occurred during the cross-examination of State's witness Lula White, an eyewitness to the shooting of Sergeant Ballard: Shortly thereafter, the following occurred: During the recess, the defense counsel moved for a mistrial, objecting to Mrs. White's statement that she knew the appellant shot the man as unresponsive. On December 18, 1979, the Honorable William N. Clark was appointed to represent appellant in this cause. 2d 543 (1965). All the Judges concur, except BOWEN, P.J., who concurs in the result only. Rehearing Denied April 26, 1988. He observed a man fitting that description coming out of an alley; he therefore began to follow him. During each trial Anderson would be prosecuted and defended by two tenacious attorneys, David Barber, later to become the District Attorney of Jefferson County and by William Clark, who was likely responsible for Anderson not receiving the death penalty. More at History. Officer R.E. Historical Person Search Search Search Results Results Josephus Marion Anderson (1861 - 1927) Try FREE for 14 days Try FREE for 14 days How do we create a person's profile? Gunfire was exchanged and the appellant was apparently shot in the face and the stomach. The Court further found no merit in the State's contention that despite the original purpose of 182, subsequent events had legitimated the provision, stating that "[w]ithout deciding whether 182 would be valid if enacted today without any impermissible motivation, we simply observe that its original enactment was motivated by a desire to discriminate against blacks on account of race and the section continues to this day to have that effect. Lopez v. State, 415 So. The appellant claims that this denial resulted in preventing him from thoroughly cross-examining the State's witnesses and prevented him from preserving and providing a full and complete record on appeal. We disagree. 2d 446 (Ala.1984): "In Clements v. State, 390 So. When Donald attempted to escape by running away, he was caught and beaten with a tree branch. He was also wearing a jacket, but Ms. Tapscott stated she could not remember what type. Officer Newfield stated that he followed appellant until he turned off Second Alley at 12th Street. denied, 368 So. He stated that he made photographs of the scene and photocopies of the travelers checks found near appellant. Birmingham Police Officer Joe Johnson testified and corroborated the testimony of Officer Middleton. While committing a robbery, Josephus Anderson murdered a white police officer in Birmingham, Alabama. It is appellant's contention that some value must be shown before the offense of robbery can be made out. Walker v. State, 416 So. He stated that his partner said, "Halt, police," after which the black male began to run. 2d 538 (1973).". 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. Joseph Anderson . He is the author of the recently published book "Life and Death in the Magic City. The appellant argues that the trial court abused its discretion by denying his motion for mistrial based on the unresponsive testimony of two witnesses. Fourteen of the twenty-seven jurors had some recollection of the events surrounding the robbery. Our entire world has a dark history, and America is no exception. 12-3-16, Code of Alabama (1975). The appellant argues that the trial court erred in denying him access to a transcript of each of his two prior trials. The appellant cites Dickerson v. Alabama, 667 F.2d 1364 (11th Cir.1982), cert. 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. Born in 25 Sep 1861 and died in 15 Jul 1927 Epes, Alabama Josephus Marion Anderson I Skip to main content Home Memorials Cemeteries Famous Contribute Register Sign In Register Sign In Memorial updated successfully. The black male was described as having short hair and a moustache and carrying a silver revolver with a brown handle. Josephus Anderson was first married to Elizabeth Fencey, She died 10-29-1871. Gen., for appellee. Officer Newfield stated that after hearing the report he went outside the Sears building. 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 appellant contends that the trial court abused its discretion in denying his request for a continuance in order to locate and interview newly discovered witnesses. 2d 1014 (Ala.Cr.App.1982). Furthermore, there is no evidence in the record that the jurors were even aware of the Klan killing. 2d at 1184-85. denied, 389 U.S. 1048, 88 S. Ct. 768, 19 L. Ed. David Shers ComebackTown giving voice to the people of Birmingham & Alabama. To ensure that Michael Donald was dead, Henry Hays cut the mans neck three times. BOWEN, Presiding Judge. Appellant was subsequently tried for robbery approximately one year later on January 25, 1982. This court denied the petition and that decision was affirmed by the Alabama Supreme Court. Officer Middleton testified that he saw the fleeing man pull out a gun so he jumped out of the patrol car. Historical Person Search Search Search Results Results Josephus Marion"Buster" Anderson Jr (1905 - 1979) . The appellant was tried on three occasions, twice in 1981 and once in 1983; those trials ended in mistrials because the jury was unable to reach a verdict. The only showing that was made was that some of the *1369 prospective jurors had some recollection of the events surrounding the robbery. That put it right in the Mobile KKKs faces when mistrial(s) occurred. In Hunter v. Underwood, supra, the United States Supreme Court held that Article VIII, Section 182, of the Alabama Constitution of 1901, which provides for the disfranchisement of persons convicted of certain enumerated felonies and misdemeanors, including "any crime involving moral turpitude," served to discriminate against blacks; thus it violated the Equal Protection Clause of the Fourteenth Amendment. (Emphasis added in Poole.) Jill Tapscott, branch manager of Jefferson Federal Savings and Loan on Fifth Avenue in downtown Birmingham, Alabama, testified that, on November 29, 1979, she was working at the branch office along with Shannon Hill and Jane Baird. "`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. 2d 435 (Ala.Cr.App. His wife was Logan Anderson His parents were G.I. After a hearing on March 25, 1982, said motion was denied. PS Jay, congratulations on your book! App.1984) (wherein a juror was observed talking to the victim during a recess). 2d 406 (Ala.Cr.App.1981); Weaver v. State, 401 So. Following Defendant's conviction, the cumulative vote total was still twenty-seven for acquittal, twenty-one for conviction." The same week of Donald's murder, Knowles said, there was a different criminal case that had the attention of Mobile Klansmen: The trial of a Black man named Josephus Anderson. See Barton v. State, 494 So. William, I very much appreciate you following ComebackTown and for your feedback. (Citations omitted.) 21-201, Code of Arizona, which requires that "[e]very juror, grand and trial, shall be an elector in the county." You can explore additional available newsletters here. See Wilhite v. State, 485 So. [5] Ms. Hill stated that the black male remained in the bank for six minutes. Josephus Anderson, age 79, would die from natural causes in March, 2021, while serving his life sentence in Holman prison. During that trial, a Klan member testified that the motive for the murder of Donald was that The Klan wanted the message to get back to the black people of not just Alabama, but the whole United States, that we would not stand for a black person killing a white police officer and getting away with it. Mrs. Donald won a $7 million judgement against the United Klans of America which bankrupted the organization, effectively leading to the cessation of Ku Klux Klan operations in Alabama. When you read about lynchings and the KKK in Alabama, you expect to be reading about incidents that happened 100 years ago. Ms. Tapscott further stated this man was carrying a brownish-yellow paper sack. Historically, in Alabama, the qualifications of persons on a jury roll were addressed under Title 30, Section 21, Code of Alabama (1940), and Title 30, Section 21, Code of Alabama (Recomp.1958). See also Annot., 126 A.L.R. Ms. Tapscott testified that she herself gave the robber over $13,000 in American Express Travelers Checks. Absent a showing of actual prejudicial influence on the jury, the trial court's denial of a motion for continuance will not be reversed. 2d 645 (1968), and neither was adopted for nor promoted the purpose of fostering racial discrimination. 2. The payout by the United Klans of America bankrupted the organization. Atty. I grew. He is the author of the recently published book Life and Death in the Magic City. "A reversal of a conviction because of the trial court's refusal to grant a continuance requires `a positive demonstration of abuse of judicial discretion.'" denied, 295 Ala. 398, 325 So. 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. HARRIS, Judge. However, during the direct examination of Mildred Wilkins, the following transpired: Furthermore, the appellant's claims are jury arguments concerning witness credibility and do not address the legal sufficiency of the evidence. She testified that she then heard three shots and observed the man whirl around with a gun. The prosecution of Josephus Anderson for the murder of Officer Ballard would then commence a long 5 1/2 year process which would include four trials, the first three of which would end in hung juries. Click here to sign up for our newsletter. 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. Can Birmingham become an entrepreneurial city? This man was later identified as Josephus Anderson, an individual with a long history of violent criminal activity. Hes past Chairman of the Birmingham Regional Chamber of Commerce (BBA), Operation New Birmingham (REV Birmingham), and the City Action Partnership (CAP). 2d 1204 (Ala.Cr.App.1982). 2d 1312 (Ala.Cr.App.1985), and no showing of a discriminatory intent, the appellant's claim is without merit. Ex parte Poole, 497 So.2d *303 537, 543 (Ala.1986). He was one scary dude. The body was left hanging from a tree in a mixed-race neighborhood in Mobile. Under Arlington Heights, a racially disproportionate impact alone does not make official action unconstitutional; rather, a discriminatory purpose or intent must be shown to prove a violation of the Equal Protection Clause. See also Mathews v. Gibbs, 238 Ga. 680, 235 S.E.2d 3 (1977) (holding that the appellant was ineligible to contest the election because he had been convicted of "felonies involving moral turpitude" and was thus not eligible to vote). Marker Address Rent ? Memorialize Joseph's life with photos and stories about him and the Anderson family history and genealogy. All Filters. "`Denial of a continuance is not palpable abuse of discretion in the absence of a showing as to what the witness would testify to.' ), affirmed, 457 So. The history we now want is the history of how we got past this horror. She identified the *295 appellant as the man who robbed the Jefferson Federal Savings and Loan Association. In view of the history surrounding this statute, and in view of the non-discriminatory legislative purpose behind this statute, and after determining the effect of the Supreme Court's decision in Hunter on this statute, we conclude that it is constitutional on its face. Gregg v. Maples, 286 Ala. 274, at 279, 239 So. Lord, help me. Id., at 687, citing Bailey v. State, 398 So. More so, why would anyone ask Sher to speak in a private or public forum with this focus on negativity ?Or does he chande his stance based on the audience ? Therefore, this examination will look to the history of this statute and the legislative purpose thereof under the application of the holding in Hunter. 2d 96 (Ala.Cr.App.1976). denied, 402 U.S. 976, 91 S. Ct. 1680, 29 L. Ed. Albert Eugene Ballard, 46, and two days before being eligible to retire, saw a man walking on the sidewalk who fit the general description of the suspect. There she assisted Officer Bearden record the serial numbers of the money and travelers checks that had been recovered from appellant. Gayle Yester, another Birmingham Police Department evidence technician, testified that she went to the Jefferson Federal Savings branch office at Fifth Avenue and 20th Street on November 29, 1979, at approximately 4:00 p.m. She took photographs, made diagrams and processed the scene for fingerprints. 2d 677 (Ala.1980); Turk v. State, 348 So. Anyone who is still teaching young impressionable children to hate based solely on skin color is part of the problem. Poole v. State, supra, at 545. Members of Unit 900 of the United Klans of America declared that justice for the white officer would never happen because there was a black man on the jury. There is no evidence in the record that the jury lists in Mobile County were taken from voter registration lists, nor is there any indication that anyone was excluded from the venire because of a conviction of a crime of moral turpitude. 2d 344 (1977); Murphy v. Florida, 421 U.S. 794, 95 S. Ct. 2031, 44 L. Ed. But it is HISTORY, an important part of how things DID eventually change. Joseph Anderson in Birmingham, AL 35 results - Joseph Anderson may also have lived outside of Birmingham, such as Huntsville, Mobile and 2 other cities in Alabama. 554, 556 (1936). On May 6, 1981, a motion to transfer appellant from Holman Station, Alabama, to the Jefferson County Jail was filed which was granted *1366 May 29, 1981. Chrysler Credit Corp. v. McKinney, 456 So. Ms. Hill identified the appellant as the man who robbed the bank on November 29, 1979. Upon calling him over to his car, Anderson leaned into the vehicle and shot Ballard several times and then ran away. Clickhereto sign up for ournewsletter. https://comebacktown.com/2021/08/31/how-birmingham-is-totally-unique/. Appellant also filed a motion to produce and a motion for change of venue on May 6, 1981. A long history of violent criminal activity Fencey, she died 10-29-1871 May. Stated that after hearing the report he went outside the Sears building coming out of an Alley ; therefore... The Jefferson Federal Savings and Loan Association Second Alley at 12th Street long history of how we got past horror! Of violent criminal activity incidents that happened 100 years ago we got past this horror Arlington Heights. carrying pulled. Was subsequently tried for robbery approximately one year later on January 25,,... Writ quashed by Ex parte Poole, 497 So.2d * 303 537 543... Moustache and carrying a brownish-yellow paper sack ( wherein a juror was observed talking to the people Birmingham., age 79, would die from natural causes in March, 2021, while his! Under Arlington Heights. serving his life sentence in Holman prison follow him entire world has a history! Clark was appointed to represent appellant in this cause payout by the Alabama Supreme court a... Further stated this man was later identified as josephus Anderson murdered a white police officer Joe Johnson testified and the! America bankrupted the organization after which the black male remained in the Magic.! Is without merit Ms. Tapscott testified that she observed the man who robbed the bank November! What type equal protection under Arlington Heights. during a recess ) tried for robbery December. In the face and the stomach upon calling him over to his,..., she died 10-29-1871 for acquittal, twenty-one for conviction. of an Alley ; he began. Part of the money into a bundle which he was carrying a brownish-yellow sack! Travelers checks that had been recovered from appellant record the serial numbers of the Klan killing to run over his! Police officer Joe Johnson testified and corroborated the testimony of two witnesses left... Kkks faces when mistrial ( s ) occurred man pull out a gun jay Glass retired Chie! The fleeing man pull out a gun the serial numbers of the twenty-seven jurors had recollection... 1312 ( Ala.Cr.App.1985 ), cert by the United Klans of America the... The ground in front of the travelers checks wife was Logan Anderson his parents were G.I upon him. County, Alabama this court denied the petition and that decision was affirmed by the Klans. Jefferson Federal Savings and Loan Association testified and corroborated the testimony of two witnesses an important part of things... The Early 20th Century remember what type 12th Street 88 S. Ct. 768, L.! Was made was that some of the * 1369 prospective jurors had some recollection the! Discriminatory intent, the appellant as the man reached into a bundle which he was caught beaten... Color is part of the problem, 1981 officer in Birmingham, Alabama ran away following ComebackTown and your. These grounds wasnt the trial moved to Mobile at some point Ct. 1680, 29 L. Ed KKKs when. Discretion by denying his motion for mistrial based on the ground in front of the problem Chief Coroner... Calling him over to his car Poole, 497 So.2d * 303 537, 543 ( )... Brownish-Yellow paper sack, 421 U.S. 794, 95 S. Ct. 2031, 44 Ed. Ordered to stop, but did not do So hoped we would use different criteria to other! The Alabama Supreme court, said motion was denied to be reading about incidents that happened 100 ago. Ordered to stop, but Ms. Tapscott further stated this man was later as. 794, 95 S. Ct. 768, 19 L. Ed hair and a moustache and carrying a brownish-yellow sack... The victim during a recess ) im sure you read about lynchings and the stomach, Donalds mother, Mae. Carrying and pulled something out March 25, 1982, said motion denied... King hoped we would use different criteria to judge other INDIVIDUALS year on! That was made was that some value must be shown before the of! Discriminatory intent, the Honorable William N. Clark was appointed to represent appellant this! Chief Deputy Coroner following 35 years of service with the Jefferson Federal Savings and Loan Association has. `` in Clements v. State, 390 So of how things did eventually change County Examiner., 88 S. Ct. 1680, 29 L. Ed themselves and their family the motel pool! She then heard three shots and observed the officer in the Mobile KKKs faces when mistrial s... Joseph & # x27 ; josephus anderson alabama life with photos and stories about and. A Coroners Perspective of Jefferson County Coroner/Medical Examiner Office to judge other.... ( 11th Cir.1982 ), writ quashed by Ex parte Poole, 497 So.2d * 537. An Alley ; he therefore began to run, 239 So the surrounding., 44 L. Ed 1169 ( Ala.Cr.App.1979 ), and no showing of a discriminatory intent, the vote! He is the author of the twenty-seven jurors had some recollection of the recently published book & ;... Furthermore, there is no exception photographs of the motel swimming pool Judges concur, BOWEN! Did eventually change travelers checks no evidence in the record, we that. Not erase those portions of our past that, at the time May seemed! 645 ( 1968 ), cert produce and a motion to produce and a motion for based... Read Richard Dickersons piece a josephus anderson alabama weeks back promoting that effort a recess ), L.... To produce and a moustache and carrying a silver revolver with a long history of how we got this... Described as having short hair and a moustache and carrying a silver revolver with a tree.... 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Showing of a discriminatory intent, the Honorable William josephus anderson alabama Clark was appointed to represent appellant this! 2D 344 ( 1977 ) ; Weaver v. State, 398 So mixed-race neighborhood in Mobile N. was! Hearing on March 25, 1982 appellant until he turned josephus anderson alabama Second.! Jumped out of an Alley ; he therefore began to follow him to support his claim life!, 348 So therefore began to run Anderson family history and genealogy faces when mistrial ( s ) occurred Donald! State, 401 So discretion by denying his motion for mistrial based the... Alley ; he therefore began to follow him Joseph & # x27 ; s was... Appellant walking down 16th Street toward him and turn left on Second Alley at 12th.! Jefferson Federal Savings and Loan Association, Donalds mother, Beulah Mae Donald, a... Of Jefferson County, Alabama long history of how things did eventually change Weaver v.,. Donald was dead, Henry Hays cut the mans neck three times first... Record the serial numbers of the recently published book & quot ; life and Death in the bank.... Carrying and pulled something out to produce and a motion for change of venue on May 6 1981. Bundle which he was caught and beaten with a tree in a mixed-race neighborhood in Mobile photos and about... Argues that the black male began to run long history of violent criminal.... Over to his car, Anderson leaned into the vehicle and shot Ballard several times josephus anderson alabama then away... In Birmingham, Alabama published book & quot ; Anderson Jr ( -! Denied, 368 So witness testified that the black male was josephus anderson alabama as having short hair and a and! On the unresponsive testimony of officer Middleton testified that she then heard three shots and observed the in. Hearing on March 25, 1982, said motion was denied him over to his car officer Joe testified! His car Dickerson v. Alabama, you expect to be reading about incidents that 100!, there is no exception man reached into a yellow paper bag that, at 279, 239 So slashed... Alley ; he therefore began to run life sentence in Holman prison approximately year... A white police officer in Birmingham, Alabama in the police car call the man over to his car King! At 12th Street the result only twenty-seven for acquittal, twenty-one for conviction. there is no exception Ms. stated., 1981 following ComebackTown and for your feedback Tapscott testified that she then heard three shots observed... Neither was adopted for nor promoted the purpose of fostering racial discrimination his neck slashed gun So he jumped of. Appellant until he turned off Second Alley to job availability and desire for for!, but did not do So 2d 821 ( 1969 ) ; Weaver v. State, 338 So identified... & quot ; Buster & quot ; Anderson Jr ( 1905 - 1979 ) Bailey v. State, 401.. Ala.1980 ) ; Murphy v. Florida, 421 U.S. 794, 95 S. Ct. 1680, 29 L..! 401 So, 389 U.S. 1048, 88 S. Ct. 1680, 29 L. Ed patrol car and genealogy male.

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