Cooper v. State, 4 Div. 650
Citation | 45 Ala.App. 119,226 So.2d 388 |
Decision Date | 19 November 1968 |
Docket Number | 4 Div. 650 |
Parties | O. L. COOPER v. STATE. |
Court | Alabama Court of Appeals |
E. C. Orme, Troy, for appellant.
MacDonald Gallion, Atty. Gen., and Lloyd G. Hart, Asst. Atty. Gen., for the State.
Appellant was indicted by the Grand Jury of Pike County, Alabama, for the offense of burglary and grand larceny. After pleading not guilty and not guilty by reason of insanity, he was tried by a jury, found guilty of grand larceny, and sentenced by the court to a term of six years in the State penitentiary. From this conviction and sentence, he now appeals.
Prior to arraignment, appellant's court-appointed counsel filed a petition wherein he alleged that appellant was insane and requested that an investigation be conducted into the question of his sanity.
On September 8, 1967, a hearing was conducted in the judge's chambers where testimony was heard and recorded. Subsequent to this hearing, appellant was sent to Bryce Hospital in Tuscaloosa for phychiatric examination, study and observation. The Staff at Bryce Hospital was of the opinion that the appellant was sane and competent and was so at the time of his admission to the hospital.
At the trial of this cause, the District Attorney called as a witness Mr. Vernon O. Mickey, an official court reporter of the Twelfth Judicial Circuit of Alabama, and questioned him concerning certain testimony given by the appellant at the sanity hearing. During direct examination of Mr. Mickey, the District Attorney asked the following questions:
'Q. All right, sir, now at that time and on that occasion, did I ask him a question in substance, 'Where did you get the machines or the typewriters,' or in some kind of context there?
Subsequent to this colloquy a hearing outside the presence of the jury was conducted to determine the admissibility into evidence of the notes made at the sanity hearing at which time the following occurred:
'THE COURT: All right, the jury has now retired. I believe the counsel asked you to read the colloquy or statement between him as counsel and the Court having this hearing at the time.
'A. What part do you want?
In Monroe v. State, 23 Ala.App. 441, 126 So. 614, this court stated in part as follows:
"A confession consisting of a statement under oath, made by accused when he testified, before he was charged with the crime, at the * * * trial of another person, is admissible against him. He has the right, however, to remain silent on the ground that his answer might tend to incriminate him; and if he is compelled to answer after thus objecting, the answer elicited, having been obtained by compulsion, is not competent as a confession.' 16 C.J. p. 731, Sec. 1504. This quotation, we hold, expresses the law as it exists in our state. And this: ...
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Cooper v. State, 4 Div. 74
...The case was previously tried and the defendant was convicted of grand larceny. The case was reversed on appeal. Cooper v. State, 45 Ala.App. 119, 226 So.2d 388. This is an appeal from a second conviction on said On November 14, 1969, the defendant entered a plea of not guilty. On November ......
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Cooper v. State
...Alabama. Ex parte STATE of Alabama ex rel. ATTORNEY GENERAL. 4 Div. 426. Supreme Court of Alabama. Aug. 26, 1971. 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 ......
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Cooper v. State
...State, by its Attorney General, for certiorari to the Court of Appeals to review and revise the judgment and decision in Cooper v. State, 45 Ala.App. 119, 226 So.2d 388. Writ On Rehearing. PER CURIAM. The petition of the State of Alabama for a writ of certiorari to the Court of Appeals was ......