Carroll v. State
| Decision Date | 27 April 1979 |
| Citation | 370 So.2d 761 |
| Parties | In re Patricia Eileen Wade CARROLL v. STATE. Ex parte Patricia Eileen Carroll. 78-319. |
| Court | Alabama Supreme Court |
Petition for Writ of Certiorari to the Court of Criminal Appeals, 370 So.2d 749.
Randolph P. Reaves, Montgomery, for petitioner.
No brief for the State, respondent.
By denying this petition we do not wish to be understood as agreeing with the rationale advanced by the Court of Criminal Appeals in its opinion. See: McElroy, Law of Evidence in Alabama, Vol. 2, § 200.13(5) (2d Ed.1962).
WRIT DENIED.
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39 cases
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Carpenter v. State
... ... Thomas v. State, 249 Ala. 358, 31 So.2d 71 (1947) ... Appellant did not object to the testimony of Coroner Booth or Sheriff Anderson pertaining to her statements. Constitutional rights may be waived where there is no objection. Carroll v. State, Ala.Cr.App., 370 So.2d 749, cert. denied, Ala., 370 So.2d 761 (1979); McBride v. State, Ala.Cr.App., 355 So.2d 750 (1978). However, we would point out that, while Sheriff Anderson's version of appellant's statements was not verbatim to that of Coroner Booth, their testimony was ... ...
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Ellis v. State
... ... Carroll" v. State, 370 So.2d 749 (Ala.Cr.App.), cert. denied, 370 So.2d 761 (Ala.1979). To lay a proper predicate for the admission of such an opinion, a witness must first have testified ... to facts showing that he had an adequate opportunity to observe such defendant's conduct in general ... \" ... \xC2" ... ...
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Musgrove v. State
...of a weapon has been held to constitute harmless error. Carroll v. State, 370 So.2d 749, 758-59 (Ala.Cr.App.), cert. denied, 370 So.2d 761 (Ala.1979) (admission of a second pistol which undisputedly was not the murder weapon); Mack v. State, 337 So.2d 74, 76 (Ala.Cr.App.1976) ("[I]f the pis......
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Albarran v. State Of Ala.
... ... Williams v. State , 291 Ala. 213, 279 So. 2d 478 (1973); Lokos v. State , 434 So. 2d 818 (Ala. Crim. App. 1982), affirmed, 434 So. 2d 831 (Ala. 1983); Carroll v. State , 370 So. 2d 749 (Ala. Crim. App.), cert. denied, 370 So. 2d 761 (Ala. 1979). To lay a proper predicate for the admission of such an opinion, a witness must first have testified: (1) to facts showing that he had an adequate opportunity to observe such defendant's conduct in general, ... ...
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