TABLE OF CONTENTS

1 • INDICTMENT • ~ ••••••••• D •••••••••••••••••••• 0 0 ••••••••••••

2 • JUDGEMENT OROE R •••••••••••••••••••••••••••••••••••••••••

3. NOTICE OF APPEAL AND ASSIGNMENTS OF ERROR #2 ••••••••••••

4. MOTION BY MR. SIMMONS TO EXCLUDE WITNESSES ••••••••••••••

5. COURT OVERRULING MOTION •••••••••••••••••••••••••••••••••

APPENDIX PAGES

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vmGINIA: '.-I IN THE CIRCUIT COURT OF THE CITY OF RICHMOND, DIVISION ••••••••••••

September 3, 1975 ............. " ............................................................ . (Date)

City of Richmond, to-wit:

The GRAND JURY charges that:

On or about ............ ~~~E.!!:t:. ... ~.t....................... 19 ..... J.?m the City of Richmond, ........ ~·········· .. ••• ............... . Ralph Randolph Johnson ............................................................................ " ................................................................................................................ ~··

························~·· .. ···································································•········································································•··•············· did feloniously and UDlawfully rob one Albert Sikkele~ of United States currency,

against the peace and diguity of the Commonwealth of Virginia.

Va.Codef 18.1-91

• Lawrence C ' R. A. Gray

1 , R. H. Walk

• Haake

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~ ' Norman A. . • J. E. Vick

Harding ...... v ~ ./

ery J "" ., SEP 3 1975 ltlDl&TMINT FOUND

' D. L. Dodg 'D. P. Andr • A. L. Harr

Albert Sik

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l Witneuea awom IIDd leDt

by the court to the GnDII Jury to live erid-.

~Jta Clerk

COMMONWEALTH

vs Indictment for Robbery F-5068

RALPH RANDOLPH JOHNSON, Dft.

The said defendant was this day led to the bar in the custody

of the Sergeant of this City, and was represented by Attorney

Reid A. Simmons, appointed counsel, and the Commonwealth was

represented by Raymond A. Carpenter, Jr.

And the Court having this day heard evidence and arguments

of counsel on the defendant's written motion previously filed with

the Court on October 14, 1975, to dismiss the said indictment on

the ground that re-arraignment of the defendant would place him in '

double jeopardy, for reasons as stated in the record, the Court doth

this day deny said motion.

And being arraigned, the defendant pleaded not guilty to

robbery as charged in the indictment, after consultation with .

counsel. And the Sergeant of this City having returned a writ of

venire facias heretofore issued by order of this Court, with the

names of the persons summoned in pursuance thereof, and of the

veniremen so summoned and attending, a panel of twenty qualified

jurors, free from exception for the trial of the defendant was

made up and completed. And the Attorney for the Commonwealth and

the Attorney for the accused having alternately, beginning with the

Attorney for the Commonwealth, each stricken the names of four

of the said veniremen, the remaining twelve constituted the jury

for the trial of the accused, to-wit: Sylvia Botts, Mrs. Ersalyn M.

Carter, William J. Coghill, Minerva Cunningham, Horace B. Faber, Jr.,

William w. Ferguson, Sr., Lucille Ferrell, Keyvine Fowlkes,

Cornelia Johnson, James A. Johnson, Jr., David J. League, and

Wesley Libron, who were sworn the truth of and upon the premises

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to speak. And the defendant, by counsel, for reasons as stated in

the record, moved the Court to declare a mistrial in this case,

which motion the Court denied. And the witnesses having been sworn

and the juro~s having heard all of the evidence, the defen~ant, by

counsel, moved the Court to strike the evidence of the Commonwealth

as being insufficient for the finding of a verdict of guilty, which

motion the Court denied. And the defendant then, by counsel,

renewed his motion to declare a mistrial, which motion the Court

again denied. And having heard all the arguments of counsel, the ;

jurors retired to their room in the custody of the Sergeant of

this City to deliberate upon a verdict. And after some time,

the jurors returned into Court and presented a verdict in the

fbllowing words, to-wit:

"We, the jury, find the accused guilty of robbery as charged in the indictment.and fix his punishment at confinement in the penitentiary for five years." /s/ Horace B. Faber, Jr., Foreman.

And the defendant then, by counsel, moved the Court to set

aside the verdict of the jurors in this case as being contrary to

the law and evidence and grant him a new trial, which motion the

Court denied.

Whereupon it being demanded of the said defendant if anything

for himself he had or knew to say why the Court should not now

proceed to pronounce judgment against him according to law, and

nothing being offered or alleged in delay thereof, it is the

judgment of this Court that the said Ralph Randolph Johnson be

confined in the State Penitentiary for a term of five years, this

being the period by the jurors ascertained.

.-

CS139052

<t1ircuit <t1nurt nf tli~ <1litl! nf ~it~mond, ~iuisinn 1,

__ .;:;C=OMM=O.:.;N::;.WE=AL=T:.:H:=..------ vs. RALPH RANDOLPH JOHNSON page __ 3 _

And it is ordered that the Sergeant of this City do, when

required so to do, deliver the said defendant from the jail of

this City to the Superintendent of the Penitentiary, in said

Penitentiary to be confined and treated in the manner prescribed

_by law; said term to be credited by the time spent in jail awaiting

trial.

And the said defendant having noted an appeal from the

judgment of this Court, the Court doth appoint Reid A. Simmons

to assist the.said defendant in perfecting said appeal to the

Supreme Court of Virginia. And an appeal bond is set at

$30,000.00.

And in default of said bond, the defendant is remanded to

jail.

DOB: 2/6/47

October 21, 1975

lm'ICE OP APPEAL AND ASSIG!tGNI' OF :mROR

'!be appellant, Ralph Randolph Johnson, having irdioated to the

():Jurt h1a c:1ea1re to appeal to the &lprtme Court or V1rg1nta a J·~

rendered by th1a Court on October 21, 1975, after the deremant .,. toun1

guU.ty ot the robbery or Albert Sikkelee and was sentenced to a term or n.ve

(5) years 1n the V1rgln1a state Penitentiary.

'1be ottm111e hereinabove described occurred within the jur1ad1ctian

of the Circuit Court, City of R1cl11Dld, Division I, 8B1 the 'LIJ'¥lers1gned

attorney, Reid A. S1lmala, was appointed to represent the appellant on this

appeal.

Counsel tor the appellant tiles herewith the AesipJrmeuts of Error

upon which the appellant will rely.

1. 'Dle Court erred 1n retuaing to sustain the appellant's plea

ot farmer jeopal"dJ.

2. The Court erred 1n allowing the CCiiliDUtNalth to al.low a witness

to remain 1n the courtroan over the objection or appellant's counsel.

3. The Court erred 1n ta1~ to allow defense 00\Diel' s requested

1nstructicn, which the Court retuaed 8B1 l'lLJIIi)ered Instruction No. "An.

ll. The Court erred 1n ta1l.1ng to set aside the judS)Blt as being

contr&r7 to law and evidence.

5. For other reucns apparent on the race of the record.

'l'he appellant baa not received a copy or the trln8cr1pt 1n thia cue.

Reid A. SiDIIauJ NAt«:!:, SlftM)NS, OOILL & ro:JRA'l'H 3309 Hull Street R:lchnond., V1rg1nta 23224

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Respecttul.ly IIUl:lrd.tted'

:RALPH IWIX>LPH JQIIBlN

BJ.:Wof2ec.&~~ .-

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C B Jl 'I I P I; 0 A '1' E

Ocl lnlllltll AttamiJ tor the 01'7 ot RlolmD', 1001 B. Braid sa.-, Rlollad, V1riSD1&. 23219, th1a lath dar ot ....... 1915.

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P.ta.v- eu 7-· ~ Ldliu. 'h ~-;? ._;_ <J..Lv ~~ . .:/~ ~ # LAW CF'F'ICES OF'

NANCE, SIMMONS, McGRATH & CATLETI

THCMAS No NANCE

REIC A. BIMMCNB

oL THOMAS McGRATH

I.ARRY 0. CA~

3309 HULL STR~ET

RICHMCNO. VIRGINIA a3a:M

October 28, 1976 · ,

J.Vlr>. Howard G. Turner, Clerk Supreme Court of Virginia Supreme Court Buildl.n,g 1101 East Broad Street Richmond, Virginia 23219

Re: Commonwealth vs. Ralph R. Johnson

Dear Mr. Turner:

J.Vlr>. Reno Harp and I have agreed and stipulated the follow:ing: ' '

(Transcript, page 14, lines 21 - 24)

"A motion was made by J.Vlr>. S:irrmons for the exclusion of witnesses inc+uding Detective Harding. J.Vlr>. Carpenter requested that Detective Harding be allowed to remain. All other witnesses are excluded and the Court speaks as follows: -

(Transcript, page 15, lines 1 - 13)

THE COURr: J.Vlr>. Carpenter, the Court will' hear you on why Mr. Harding shouldn 1 t be excluded.

n1L~'-'~:. :_~ ~---- .. U < . t.'O\f 1 . 1976

L[9§""cs uur RICHMOND, VIRGII\li'~

-.r£iEP'HcNa: a:aa•3044

ARII:A CCCII: -

. I

MR.. CARPENTER.: He 1 s the chief investigating officer, Your Honor, he ma.rsha:lled the evidence in the, case and his assistance would be needed at counsel table to adequately

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present the case. _: ·

. THE COURr: The Court will allow J.Vlr>. Harding to' v remain in the case." / ___ _ J.~ .. --~: -------------:::::------

~-,) I I trust this st;ipulation is satisfactory and . .I..wQu,lg__x'equest

e_ension until November- 9--to. file--~h~ -A~pen~~ and Brief. _

RAS:jh

cc: Mr'. Reno Harp

Very truly yours,

. Reid A. S:irrmons ... •

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JAMES T. HENDRICK & ASSOCIATES 2827 OAKLAND AVE.

RICHMOND, VIRGINIA 23228 14

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·.~· THE COURT: Are you appointed or retained Mr.

· '\_ Simmons? \. /

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MR. SIMMONS: Appointed. / /

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you satisfied with your appo,i'rited /

satisfied. ~ right, are you ready ~trial?

attorney? Q, ''· Are

~'m A.

Q, A

A. /

Be seated.

/

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~ NOTE: At this ~me, the venire was

/ \. ~worn and voir dired by th~ Court and one of

/ ' / the persons, a male, said th~ he was the vic-

tim of robbery four times in on~ear and he

was asked to stand aside after that he

felt he could not give a fair and

trial. The venire was voir dired by

and the jury panel was then selected and --------------------

A motion was made by Mr. Simmons for the ex-

elusion of witnesses including Detective

Mr. Carpenter requested that Detective Harding

be allowed to remain. All other witnesses are

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JAMES T. HENDRICK & ASSOCIATES 2827 OAKLAND AVE.

RICHMOND, VIRGINIA 23228

excluded and the Court speaks as follows:

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THE COURT: Mr. Carpenter, the Court will hear

you on why Mr. Harding shouldn't be excluded.

MR. CARPENTER: He's the chief investigating

officer, Your Honor, he marshalled the evidence in the

case and his assistance would be needed at counsel

table to adequately present the case.

THE COURT: The Court will allow Mr. Harding

to remain in the case.

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/./ The~urt advises the jury about

/ discussing t ase until they retire to delib-

erate an~ le which it can expect as //

to yecesses, etc. Carpenter's /

/'"'/

.. /opening statement, is made by Mr. _.--,-/-

/./ Simmons at the following point: