Chenault v. StateChenault v. State
Lead Opinion
This case is before this court by appeal and for mandatory review of the death sentences imposed upon the appellant following his trial by jury. The appellant, Marcus Wayne Chenault, was indicted on July 9,1974, by a Fulton County Grand Jury for the murders of Mrs. Alberta King and Deacon Edward Boykin, for aggravated assault for the shooting of Mrs. Jimmie Mitchell, for carrying a pistol without a license and for carrying a concealed weapon all on June 30, 1974. Following a jury trial which began on September 9, 1974, the jury found the appellant guilty on all charges on September 12,1974, and imposed sentences of death on both counts of murder and ten years in the penitentiary for aggravated assault to ran consecutively with the death sentences. The trial judge sentenced the appellant to one year in the penitentiary on both misdemeanor pistol counts, to run concurrently with all other sentences imposed.
I. Factual Situation.
The state presented evidence to establish the following: About 7:30 a.m. on the morning of June 30, 1974, a taxicab driver picked up Marcus Wayne Chenault, the appellant, at the bus station in Atlanta, Georgia. He asked to be taken to the Ebenezer Baptist
Later that morning, around 9:30 a.m., another taxicab picked up the appellant at a motel and took him to the church.
Appellant was observed seated alone in the main audience section of the Ebenezer Baptist Church and was invited to attend the Men’s Adult Bible Class of the Sunday School. He introduced himself and stated he was from Ohio. Appellant was later observed seated in the "Amen” comer next to the organ after church services had begun. Appellant was seated about four feet from the organ. An usher handed the appellant a bulletin and exchanged greetings.
During the worship service a sound resembling an explosion was heard. Mr. Smith, an usher, had his attention drawn in the direction of the organ. He heard one of the victims, Mrs. Alberta King, exclaim, "Oh!” Appellant was observed standing up with a pistol exclaiming, "I am taking over this . . .” He was close enough to Mrs. King to touch her. He was also firing more shots. Mrs. Jimmie Mitchell was near the appellant when the shooting began. Earlier appellant had asked whether or not "Pastor King” was in church, and Mrs. Mitchell pointed Reverend King out. A few minutes later, Mrs. Mitchell heard the explosion-like noise. She was also shot.
Derek Barber King, grandson of Mrs. Alberta King, was sitting near his grandmother. While the organist, Mrs. King, was leading the congregation in the singing, the appellant began shooting with two pistols. Mr. King observed his grandmother being shot, screaming, and bleeding. He saw the appellant shoot his grandmother again after she had fallen on the floor. He observed the appellant shoot Deacon Edward Boykin, and randomly shoot into the congregation.
Other witnesses testified substantially the same.
The appellant presented evidence to support a defense of insanity.
Two psychiatrists testified that they diagnosed appellant as a schizophrenic, paranoid type mental
II. Enumerations of Error.
1. Appellant’s first enumeration of error is that "the Court erred after the plea of insanity was filed to have impaneled a trial jury, without first impaneling a special jury.”
Related enumerations of error 3,6, and 9 will also be resolved by our resolution of the first enumeration.
Appellant filed a "motion to stay the indictment” for the purpose of presenting evidence of the appellant’s sanity to the grand jury before the grand jury returned an indictment of the appellant. Appellant sought psychiatric examination by a competent physician and named the psychiatrist to perform the examination in his proposed order. The trial judge interpreted the "motion to stay” as a premature plea of insanity and properly rejected it under Code § 27-1501 providing for special pleas and demurrers after an indictment is rendered. Appellant’s motion for psychiatric evaluation was granted.
After indictment, appellant filed no special plea of insanity. In the absence of a special plea of insanity the trial court did more than was required by appointing psychiatrists for evaluation of the defendant. Cardin v. Harmon,
Appellant’s plea of not guilty by reason of insanity raised only the general issue of the guilt of appellant including his sanity at the time of the acts charged as crimes. Abrams v. State,
We note that although the mental condition of the appellant was the principal matter relied on by the defense, the psychiatric experts, one of whom was requested by the defense, testified as follows:
Dr. Lloyd T. Baccus, Assistant Professor of Psychiatry and Director of the Law and Psychiatric Service for Grady Hospital, testified that between July 9,
Dr. Baccus diagnosed the appellant as having a schizophrenic mental condition, paranoid type. He was said to suffer from "delusions of grandiosity.” Appellant never indicated that he was "controlled by any forces.” The prognosis for the appellant was deemed "good”; meaning that with treatment, the appellant has the' capacity to function adequately in society. He testified that there are many people in society that might be classified as paranoid schizophrenics. Dr. Baccus asserted that the appellant in murdering Mrs. Alberta King and Deacon Edward Boykin, had both a cognitive awareness of, and an ability to appreciate the implications of his act. He knew right from wrong. The doctor did not indicate any delusion that compelled the appellant to commit murder. Dr. Baccus also testified that the appellant was competent to stand trial, that he knew what a prosecutor was, what a judge was, what a defense lawyer was, what a trial was and what the consequences were.
Dr. Dewitt Clinton Alfred, Chief Psychiatrist at Grady Hospital and Associate Professor of Psychiatry at Emory University also testified in regard to the sanity of the appellant. Although he examined the appellant on only one occasion, he had, in order to supplement his report, all the data comprising Dr. Baccus’ examination. After defining the difference between a psychosis such as paranoid schizophrenia, and psychotic symptoms which might control and compel a given individual, the doctor classified the appellant as a schizophrenic-paranoid type; i. e., a person having a psychosis. Dr. Alfred also stated that in his opinion, the appellant did not suffer at the time of the crime, under such psychotic symptoms as would render him helpless and lacking in control of himself from delusions and hallucinations. Dr. Alfred’s report, read into evidence indicated that appellant: "(a) was suffering from a condition known as paranoid schizophrenia; (b) but was sufficiently free of mental defect, disease, or derangement as to be able to distinguish right from wrong; (c) was sufficiently free from mental defect... as to be able to adhere to the right; (d) was not deprived of
The court did not err as alleged in Enumerations 1,3, 6, and 9.
2. In Enumeration 2 appellant alleges the court erred in allowing the district attorney to orally argue against defendant’s pre-trial motions without first filing a written answer.
The defendant shows no injury from the trial court’s allowing the state to argue orally on the appellant’s discovery motions without responding in writing. In Bateman v. Bateman,
3. It was not error for the trial court to deny appellant’s motions for discovery and for a daily transcript as alleged in Enumerations 8, 10, 11, and 12.
Appellant’s motion for discovery consisted of a "motion to require furnishing of investigative reports or in the alternative issuance of subpoena for production of documentary evidence,” a motion to produce an abstract
There is no Georgia statute or rule of practice which allows discovery in criminal cases. See Pass v. State,
Appellant relies on Brady v. Maryland,
There is no requirement that an appellant be furnished with an abstract of any evidence at a committal hearing (Brown v. State,
Neither Georgia statutes nor decisions require furnishing an appellant with a daily transcript of the proceedings in a criminal case. This view is in accord with the weight of authority in this country, 23 CJS868, § 966 (citing Leyvas v. United States, 264 F2d 272). The court stated in the order denying defendant’s request for a daily transcript that an exception would be considered as to the testimony of any particular witness.
These enumerations are without merit.
4. Appellant’s fourth enumeration of error, is that the court erred in denying his motion for a continuance.
Where, as here, it appears that counsel was appointed sixty days before trial, given access to the entire prosecution file almost a month before trial, knew
5. Appellant alleges in Enumeration 5 that the court erred in not granting a change of venue.
No abuse of discretion by the trial judge in denying a change of venue is shown where, although one of the victims is a well-known and highly respected person and substantial publicity surrounded the offense, persons familiar with general attitudes and feelings in the community deny the possibility of a mob setting, the veniremen are carefully questioned to screen out those who have formed such a fixed opinion as to guilt or innocence of the appellant as would not yield readily to the testimony, and the trial forum was marked by judicial decorum evident from the transcript. Thacker v. State,
6. In Enumeration 7 appellant alleges the court erred in overruling the demurrer to the indictment and in Enumeration 14 alleges the court erred in denying appellant’s motion to dismiss the indictment, both founded on the same alleged defect in the indictment.
Appellant avers that the indictment alleges both murder and manslaughter by use of the phraseology "kill and murder”; is vague and ambiguous; and does not apprise the appellant of the charges against him with sufficient clarity to permit him to adequately prepare his defense.
Code § 27-701 provides in part: "Every indictment... shall be deemed sufficiently technical and correct, which states the offense ... so plainly that the nature of the offense charged may easily be understood by the jury...”
The Georgia Criminal Code provides in pertinent part, Code Ann. § 26-1101: "Murder, (a) A person commits murder when he unlawfully and with malice aforethought, either express or implied, causes the death of another human being.” Ga. L. 1968, pp. 1249, 1276.
Not only does the indictment state that the charge is murder but we are satisfied that either to kill or murder satisfies the statutory requirement of "causes the death,” is not vague and ambiguous, apprises the defendant of the charges against him with sufficient clarity to permit him to adequately prepare his defense and is sufficiently technical and correct — so plainly that the nature of the offense charged could easily be understood by the jury.
The law of this state does not require expression of a charge contained in an indictment, in the verbatim language of the statute. Clemon v. State,
Enumerations 7 and 14 are without merit.
7. In Enumeration 13, appellant alleges, "The Court erred in allowing the district attorney to make improper arguments and prejudicial statements in his closing and sentencing arguments.”
After the argument on sentence by the prosecutor wherein the statement complained of was concluded, the appellant’s counsel had argued, the court had charged the jury as to sentencing, the court had recessed for lunch, after which the court on its own motion, gave a brief additional charge, and the jury had retired to consider the sentence, appellant’s counsel entered the following objection:
"Your Honor, at this time I’d like to make a formal objection to the argument of the prosecutor ... alluding to Georgia, Fulton County, perhaps, being a mockery in the*224 eyes of the nation or international community based on his closing argument as to punishment for the accused. His statements, I think, were inflammatory and prejudicial.”
No other objection concerning improper and prejudicial statements were made. The statements alluded to as stated in appellant’s brief were: "The whole world must know how we deal with murderers who come into our county for the express purpose of assassination. This county cannot afford the publicity..and, "We can’t have these reporters writing [that a] life sentence is all you get in this county. . .”
The state argues that the objection was neither timely nor meritorious.
In Prevatte v. State,
A prosecutor may argue for a death sentence and offer plausible reasons for his position. Allen v. State,
The remarks objected to in the motion were not made during the first phase of the trial, that in which the jury was to pass upon the defendant’s guilt or innocence, but were made during the sentencing portion of the trial. The district attorney may urge severe punishment. Bailey v. State,
Enumeration 13 is without merit.
8. Appellant’s final enumeration is: "Since the district attorney did not submit any aggravating circumstances in evidence during the second, sentence stage of the trial, the sentence of death is invalid.”
This enumeration is without merit.
III. Sentence Review.
The death penalty in this case must conform to the standards set out in Code Ann. § 27-2534.1, if it is to pass the test of constitutionality. Ga. L. 1973, pp. 159, 163. Additionally, this court must determine whether the sentences of death have been imposed under the influence of passion, prejudice, or any other arbitrary factor; whether the evidence supports the jury’s finding of a statutory aggravating circumstance; and whether the sentences of death are excessive or disproportionate to the penalty imposed in similar cases, considering both the crime and the defendant, as required by Code Ann. § 27-2537 (c) (1-3) (Ga. L. 1973, pp. 159, 165).
In accord with the statute, we have reviewed the trial transcript and record, including the evidence, and we have made a comparison with sentences in similar cases. The similar cases considered by the court in reviewing this case are listed in an appendix attached to this opinion.
We conclude that the sentences of death imposed here were not imposed under the influence of passion, prejudice or any other arbitrary factor.
In recommending the death penalty as to both counts of murder, the jury found as follows: "The offender by his act of murder knowingly created a great risk of death to more than one person in a public place by means of a weapon or a device which would normally be hazardous to the lives of more than one person.” Code Ann. § 27-2534.1 (b) (3).
In our view, the evidence supports the jury’s findings
The two death sentences for the offenses of murder are affirmed.
Judgment affirmed.
Concurrence Opinion
concurring specially.
I concur specially in Division 1 because it appears to hold that Chenault waived his right to contest his sanity to stand trial through failure to move under Code § 27-1502 for a special jury at precisely the proper time. I feel that under the example of Pate v. Robinson,
Appendix.
Similar cases considered by the court: Henderson v. State,
Notes
"The state insists that Robinson deliberately waived the defense of his competence to stand trial by failing to demand a sanity hearing as provided by Illinois law. But it is contradictory to argue that a defendant may be incompetent, and yet knowingly or intelligently