Dannelly v. State

Decision Date21 October 1971
Docket Number2 Div. 544
Citation254 So.2d 443,287 Ala. 729
PartiesIn re William Edward Ashby DANNELLY, Jr. v. STATE of Alabama. Ex parte William Edward Ashby Dannelly, Jr.
CourtAlabama Supreme Court

Petition for writ of certiorari to Court of Criminal Appeals.

Pitts, Pitts & Thompson, Selma, L.Y. Sadler, John Godbold, Camden, for petitioner.

William J. Baxley, Attorney General, and David Clark, Asst.Atty.Gen., for the State.

MERRILL, Justice.

Petition of William Edward Ashby Dannelly, Jr. for Certiorari to the Court of Criminal Appeals to review and revise the judgment and decision of that Court in Dannelly v. State, 47 Ala.App. 363, 254 So.2d 434.

Writ denied.

HARWOOD, MADDOX and McCALL, JJ., concur.

HEFLIN, C.J., concurs in the result.

HEFLIN, Chief Justice (concurring in the result):

I concur in the result of denying the writ in this cause. However, I want it clearly understood that I do not approve all of the language contained in the opinion of the Court of Criminal Appeals. My position concerning drug-affected confessions was set forth in a dissenting opinion in Beecher v. State, Sup.Ct.Mo. 7 Div. 846.

To continue reading

Request your trial
19 cases
  • Samra v. State
    • United States
    • Alabama Court of Criminal Appeals
    • June 18, 1999
    ... ... State, 555 So.2d 219, 224 (Ala.Cr. App.1988), aff'd, 555 So.2d 235 (Ala.1989), cert. denied, 496 U.S. 943, 110 S.Ct. 3230, 110 L.Ed.2d 676 (1990) (citations omitted) (quoting Dannelly v. State, 47 Ala.App. 363, 254 So.2d 434, cert. denied, 287 Ala. 729, 254 So.2d 443 (1971) ) ... "In connection with pretrial publicity, there are two situations which mandate a change of venue: 1) when the accused has demonstrated `actual prejudice' against him on the part of the jurors; 2) ... ...
  • Hall v. State
    • United States
    • Alabama Court of Criminal Appeals
    • October 1, 1999
    ... ... State, 555 So.2d 219, 224 (Ala.Cr.App. 1988), aff'd, 555 So.2d 235 (Ala.1989), cert. denied, 496 U.S. 943, 110 S.Ct. 3230, 110 L.Ed.2d 676 (1990) (citations omitted) (quoting Dannelly v. State, 47 Ala.App. 363, 254 So.2d 434, cert. denied, 287 Ala. 729, 254 So.2d 443 (1971) ) ... "`In connection with pretrial publicity, there are two situations which mandate a change of venue: 1) when the accused has demonstrated "actual prejudice" against him on the part of the jurors; 2) ... ...
  • Maples v. State
    • United States
    • Alabama Court of Criminal Appeals
    • March 26, 1999
    ... ... Furthermore, the passage of time between the initial publicity surrounding the commission of the offense and the time of the trial "`cannot be ignored as a factor in bringing objectivity to the trial.'" Robinson v. State, 430 So.2d 883, 886 (Ala.Cr.App.1983) (quoting Dannelly v. State, 47 Ala.App. 363, 254 So.2d 434, cert. denied, 287 Ala. 729, 254 So.2d 443 (1971) ). See also Pilot v. State, 607 So.2d 306 (Ala.Cr.App.), aff'd, 607 So.2d 311 (Ala.1992) ...         During voir dire examination, both the district attorney and defense counsel ... ...
  • Wilson v. State
    • United States
    • Alabama Court of Criminal Appeals
    • October 1, 1999
    ... ... State, 555 So.2d 219, 224 (Ala. Cr. App. 1988), aff'd, 555 So.2d 235 (Ala. 1989), cert. denied, 496 U.S. 943, 110 S.Ct. 3230, 110 L.Ed.2d 676 (1990) (citations omitted) (quoting Dannelly v. State, 47 Ala. App. 363, 254 So.2d 434 (Ala. Cr. App.), cert. denied, 287 Ala. 729, 254 So.2d 443 (1971)) ...         "In connection with pretrial publicity, there are two situations which mandate a change of venue: 1) when the accused has demonstrated 'actual prejudice' against ... ...
  • Request a trial to view additional results

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT