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Grooms v. State, 357 So.2d 292

Facts

On September 3, 1976, William Ervin (Jack) Smith was struck on the head and died a week later from his injuries. Robert L. Grooms, Jr. and witness J. L. Essary each claimed the other struck Smith. Witnesses testified that Grooms had made threats against Smith prior to the incident, and evidence indicated that Grooms struck Smith with a pipe after making a threat to kill him. Grooms was arrested after Essary reported the incident to law enforcement.

On the night of September 3, 1976, the deceased, William Ervin (Jack) Smith was struck on the head. He died on September 10, 1976, from this injury. Appellant, Robert L. Grooms, Jr., and witness J. L. Essary, each claims that the blow was struck by the other.

Issue

Was the verdict of the jury contrary to the law and facts and against the overwhelming weight of the credible evidence?

Was the verdict of the jury contrary to the law and facts and against the overwhelming weight of the credible evidence?

Rule

Conflicting evidence is for the jury to resolve, and the jury is the sole judge of the credibility of witnesses and the weight of their testimony. Threats made by an accused to kill the deceased are admissible as they show malice, premeditation, or criminal intent.

We have held in several cases that threats made by an accused to kill the deceased uncommunicated to the deceased are admissible in evidence. These threats show malice, premeditation or criminal intent.

Analysis

The court found that the jury had ample evidence to conclude that Grooms was the person who struck Smith with the pipe. The conflicting testimonies of Grooms and Essary were for the jury to resolve, and the court upheld the jury's ability to determine the credibility of witnesses. Additionally, the court ruled that the trial judge acted within his discretion in allowing evidence of Grooms' prior threats against Smith.

We are forced to the conclusion that the jury had ample evidence to find that appellant was the person who struck Smith on the head with the pipe. We cannot say with any degree of certainty that the finding of the jury was against the overwhelming weight of the evidence.

Conclusion

The Supreme Court affirmed the conviction, concluding that there was no reversible error in the record.

We can find no reversible error in the record in this case.

Who won?

The State prevailed in the case as the court upheld Grooms' conviction based on sufficient evidence and proper admission of testimony.

The Supreme Court, Bowling, J., held that: (1) evidence was sufficient to support jury finding that defendant was the person who struck victim on the head with a pipe and killed him, and (2) trial judge did not abuse his discretion in allowing evidence of a conditional threat made by defendant a week and a half before killing of victim.

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