Clark v. State (176 So. 2d 353, 1965)

ALLEN, Judge.

Levon Clark, the defendant below and appellant here, sometimes known as “Cigar,” appeals from a verdict of the jury and sentence of the court on a second degree murder charge and from a denial of a motion for a new trial.

Levon Clark, Robert Collins and Gussie Mae Williams, who was the common law wife of the deceased, James Williams, were jointly charged in a grand jury indictment alleging that they, with force and arms at Palm Beach County unlawfully and from a premeditated design, did kill and murder James Williams in said county by drowning him.

Robert Collins was found guilty of murder in the first degree, and Gussie Mae Williams and Levon Clark were found guilty of murder in the second degree.

Gussie Mae Williams, Robert Collins and Levon Clark, the appellant, together with several other persons, drove from West Palm Beach to the Blue Heron Bar in Riviera Beach, an adjoining town in Palm Beach County. They went into the Bar, played the juke box and had several drinks. About 3 :00 P.M. of that same day, Gussie Mae Williams advised the parties that she had to go back to West Palm Beach to pick up her husband, James Williams. James Williams worked for the City of West Palm Beach and he got off from work about 3 :30 P.M.

Gussie Mae Williams owned and operated the car in which the parties were riding. Upon returning to West Palm Beach, everyone got out of her car, except Levon Clark, at 3rd Street and Douglas, to visit some more friends. Before going to the husband’s place of work, Gussie Mae and Levon stopped by her home to see whether her husband had already arrived from work, and found he was at home, together with her landlady.

Gussie Mae Williams, James Williams, her husoand, and the appellant, Levon Clark, sat in the living room and had a drink of whiskey. Thereafter Gussie Mae and her husband had an argument. Later the three of them left in Gussie Mae’s car, went by the Florida Bar and from there to the Blue Heron in Riviera Beach, where they had several drinks in the car. Gussie Mae was still driving, her husband in the middle, and the appellant, Levon Clark, on the outside. Gussie Mae parked the car in the parking lot behind the Ebony Bar in West Palm Beach and they talked awhile. Thereafter the three of them decided to go to the Florida Bar which is located near 2nd Street and Rosemary Avenue in West Palm Beach. On their way they saw Robert Collins and when they called to him he got in the car with them. They parked in front of the Florida Bar a few minutes and then went back behind the Ebony Bar on the parking lot near Rinker Material Company.

They all started drinking again and Gussie Mae and James Williams got into an argument. Gussie Mae punched James in the fact with her fist and slapped him a couple of times. His nose started bleeding. Gussie Mae got out of the car and got a handkerchief to wipe his nose. Robert Collins, also known as Bobby Collins, was sitting in the back seat of the car with James Williams. Collins said, “Let me get out of here before this son of a bitch misses and hits me.” There were words between Collins and James Williams, a few punches were thrown at each other and Collins began walking off, then came back. Gussie Mae decided to drive to Loxa-hatchee. After some distance, Robert Collins asked her where she was going and she said, “I am riding down to Loxahatchee.” Collins decided that he did not want to go to Loxahatchee and wanted to turn back. Gussie Mae stopped and turned around near the canal on 12th Street, at which point they decided to stop and drink some more.

Robert Collins and Levon Clark got out of the car and left Gussie Mae and James Williams in the car. The Williams couple began to argue again. Robert Collins went back to the car and said, “Why don’t you all quit arguing?” James Williams asked Collins what he had to do with it and several threatening remarks followed. James Williams started to get out of the car, Robert Collins grabbed him by the collar, pulled him out of the car and they started fighting. James Williams ended up in the water of the canal and died from drowning.

Fannie Mae Bell, a witness, testified that she rented rooms in her house to James and Gussie Mae Williams. She testified that “Cigar” (Levon Clark) was with Gussie Mae and her husband at her house and that the Williams couple were arguing. She further testified that when she started to go to the kitchen she didn’t know whether Gussie Mae was high or mad, but that Gus-sie Mae did tell James Williams that she would get rid of him one way or the other. She said she did not hear “Cigar” say anything.

. Clayton Leon Johnson, another witness, testified:

“Q. Do you remember the day that the body was found out there, the man’s body was at Twelfth Street?

“A. Yes, I remember when it was found Friday morning.

‘Q. That evening before or that morning before did you see Levon Clark?

“A. Yes.

“Q. And Robert Collins?

“A. Yes.

* * *

Where did you see him and about what time did you see him ? d

The evening before what? >

Before the body was found out in the canal.