Curry v. State

Per Curiam. The appellant Curry and one Tingler (who did not appeal) were arrested on a charge of the larceny of an automobile. They were tried on an indictment charging that offense and also unauthorized use of an automobile. After a trial before the ³⁸⁰ court, sitting without a jury, they were acquitted of larceny and were found guilty of unauthorized use.

Curry claims that the evidence was insufficient to sustain his conviction largely because a principal witness for the State, one Hawse, had a grudge against him. He also claims that his arrest was illegal. The fact that Hawse had a grudge against Curry was clearly shown, and Hawse admitted having said that he would like to see Curry go to jail. Hawse’s testimony is conflicting as to whether the incident which gave rise to this statement occurred the evening before or the day of Curry’s arrest.

The former seems more probable, as Curry was held in custody for several days after his arrest, which occurred at about 10:30 A.M. on April 17,1963. In summarizing the evidence Judge Grady pointed out that a white, 1959 Chevrolet automobile belonging to one Spring was missing from the area of Spring’s home at 2 A.M. on April 17th, that at about 7 A.M. that day Curry pointed out a light colored Chevrolet car as his, though at that point it was not identified as Spring’s automobile. Judge Grady then continued: “A few hours after that, the witness, Hawse, identifies both of the Defendants as riding in a white 1959 Chevrolet on 30th Street. Again, no specific identification is made that this is Mr. Spring’s automobile.

But, in this instance, within a matter of moments later, Mr. Hawse points out this automobile which he had seen these boys in in the immediate vicinity, and the police officer testified that almost simultaneously with getting this information from Hawse, he saw the car which turned out to be Mr. Spring’s car, and that thereafter, within 10 or 15 minutes, the two Defendants in this case, Curry and Tingler,