Crouch v. State
Decision Date | 15 August 1974 |
Citation | 292 Ala. 718,299 So.2d 312 |
Parties | In re Vernon Hughes CROUCH v. STATE. Ex parte Vernon Hughes Crouch. SC 897. |
Court | Alabama Supreme Court |
Certiorari to the Court of Criminal Appeals.
Joseph F. Gilliland, Russellville, for petitioner.
No brief for the State.
Petition of Vernon Hughes Crouch for Certiorari to the Court of Criminal Appeals to review and revise the judgment and decision of that Court in Crouch v. State, 53 Ala.App. 261, 299 So.2d 305.
Writ denied.
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Woods v. State
... ... " Illinois v. Somerville, supra, 410 U.S. 458, 464, 93 S.Ct. 1066, 1070 ... A mistrial only springs into being upon a manifest or pressing necessity or when the ends of justice would otherwise be defeated. Crouch v. State, 53 Ala.App. 261, 299 So.2d 305, cert. denied, 292 Ala. 718, 299 So.2d 312 (1974). Examples of proper manifest necessity may be found in Parham v. State, 47 Ala.App. 76, 79, 250 So.2d 613 (1971) and Hawes v. State, 88 Ala. 37, 62, 7 So. 302 (1889). In legal effect a mistrial is the ... ...
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Van Antwerp v. State
... ... The mistrial was properly denied because the question by the prosecution was eradicable. Carroll v. State, 45 Ala.App. 92, 225 So.2d 198 (1969). Only the question was in the record and a mistrial would have been too drastic a penalty in such a posture. Crouch v. State, 53 Ala.App. 261, 299 So.2d 305, cert. denied, 292 Ala. 718, 299 So.2d 312 (1974). There was no legal necessity for abandoning the trial. See Ethel Morgan Woods v. State, Ala.Cr.App., 5 Div. 393, Ms. January 24, 1978 ... A motion for a mistrial does not include either ... ...
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Deep v. State, 3 Div. 391
... ... For aught that appears, and appellant has offered no proof to the contrary, the potential prejudicial effect of this unanswered question was removed by the action of the trial court in sustaining appellant's objection. Espey v. State, 270 Ala. 669, 120 So.2d 904 (1960); Crouch v. State, 53 Ala.App. 261, 299 So.2d 305, cert. denied, 292 Ala. 718, 299 So.2d 312 (1974); Wright v. State, 57 Ala.App. 401, 328 So.2d 650 (1976); Henley v. State, 361 So.2d 1148 (Ala.Cr.App.), cert. denied, 361 So.2d 1152 (Ala.1978); Kennedy v. State, 373 So.2d 1274 (Ala.Cr.App.1979), and ... ...
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Rocker v. State
... ... A mistrial should not be granted unless there is a manifest necessity to discharge the jury or unless the ends of justice would otherwise be defeated. Hallman v. State, 36 Ala.App. 592, 61 So.2d 857 (1952); Crouch v. State, 53 Ala.App. 261, 299 So.2d 305, cert. denied, 292 Ala. 718, 299 So.2d 312 (1974); Diamond v. State, 363 So.2d 109 (Ala.Cr.App.1978); Woods v. State, 367 So.2d 982 (Ala.1978) ... A trial judge is allowed broad discretion in deciding whether under the law a ground for a ... ...
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