Cooper v. State

Decision Date26 August 1971
Docket Number4 Div. 426
Citation252 So.2d 108,287 Ala. 728
CourtAlabama Supreme Court
PartiesO.L. COOPER, Sr., alias v. STATE of Alabama. Ex parte STATE of Alabama ex rel. ATTORNEY GENERAL.

After remand, 45 Ala.App. 119, 226 So.2d 388, and dismissal of certiorari, 284 Ala. 728, 226 So.2d 391, O.L. Cooper, alias, was convicted of the offense of grand larceny by the Circuit Court of Pike County, Riley P. Green, J., and he appealed. The Court of Criminal Appeals, 47 Ala.App. 178, 252 So.2d 104, reversed and remanded. The State applied for a rehearing which was denied and the State then filed an application for Writ of Certiorari to the Court of Criminal Appeals.

Writ denied.

William J. Baxley, Atty.Gen., and John A. Yung, IV, Asst.Atty.Gen., for the State.

No brief from defendant.

HEFLIN, Chief Justice.

Petition of State of Alabama for writ of certiorari to the Court of Criminal Appeals to review and revise judgment and decision of that court in Cooper v. State of Alabama, 47 Ala.App. 178, 252 So.2d 104 (1971) is denied.

In denying the petition for writ of certiorari in this case, this Court does not wish to be understood as approving or disapproving all of the language used or the statements of law made in the opinion of this case in the Court of Criminal Appeals. See Mobile Pure Milk Co. v. Coleman, 230 Ala. 432, 161 So. 829, and Opelika Coca-Cola Bottling Co., Inc. v. Johnson, 286 Ala. 460, 241 So.2d 331.

Writ denied.

SIMPSON, COLEMAN, BLOODWORTH and McCALL, JJ., concur.

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37 cases
  • White v. State
    • United States
    • Alabama Court of Criminal Appeals
    • 29 August 2008
    ... ... Carter v. State, citing Jones v. State, 48 Ala.App. 32, 261 So.2d 451 (1972); Spidell v. State, 48 Ala.App. 24, 261 So.2d 443 (1972); People v. Ingeneri, 7 Ill.App.3d 809, 288 N.E.2d 550 (1972); People v. Buck, 7 Ill.App.3d 758, 288 N.E.2d 548 (1972); Cooper v. State, 47 Ala.App. 178, 252 So.2d 104 (1971), cert. denied, 287 Ala. 728, 252 So.2d 108 (1971). `Boykin stands for the proposition that a defendant is constitutionally entitled to have information concerning the range of punishment prescribed by the act to which he may be sentenced and the ... ...
  • Sheehan v. State
    • United States
    • Alabama Court of Criminal Appeals
    • 29 December 1981
    ... ... Thomas v. State, 280 Ala. 109, 190 So.2d 542 (1966); Mayola v. State, 344 So.2d 818 (Ala.Cr.App.), cert. denied, 344 So.2d 822 (Ala.1977) ...         The defendant relies heavily upon the following language of Cooper v. State, 47 Ala.App. 178, 252 So.2d 104, cert. denied, 287 Ala. 728, 252 So.2d 108 (1971) ... "This appellant was not informed and it is not shown that he understood the three constitutional rights waived by his plea of guilty, and that he understood he waived those rights by such a plea. Such ... ...
  • Riley v. State
    • United States
    • Alabama Court of Criminal Appeals
    • 28 May 2004
    ... ... Carter v. State, citing Jones v. State, 48 Ala.App. 32, 261 So.2d 451 (1972); Spidell v. State, 48 Ala.App. 24, 261 So.2d 443 (1972); People v. Ingeneri, 7 Ill.App.3d 809, 288 N.E.2d 550 (1972); People v. Buck, 7 Ill.App.3d 758, 288 N.E.2d 548 (1972); Cooper v. State, 47 Ala.App. 178, 252 So.2d 104 (1971), cert. denied, 287 Ala. 728, 252 So.2d 108 (1971). "Boykin stands for the proposition that a defendant is constitutionally entitled to have information concerning the range of punishment prescribed by the act to which he may be sentenced and the ... ...
  • Ex parte Rivers
    • United States
    • Alabama Supreme Court
    • 13 December 1991
    ... ... Rivers petitioned this Court for the writ of certiorari, which we issued, based on the authority of Carter v. State, 291 Ala. 83, 277 So.2d 896 at 898 (1973), in which this Court held "that a defendant, prior to pleading guilty, must be advised on the record of the ... Ingeneri, 7 Ill.App.3d 809, 288 N.E.2d 550 (1972); People v. Buck, 7 Ill.App.3d 758, 288 N.E.2d 548 (1972); Cooper v. State, 47 Ala.App. 178, 252 So.2d 104 (1971), cert. denied, 287 Ala. 728, 252 So.2d 108 (1971). "Boykin stands for the proposition that a ... ...
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