Dillard v. State, 4 Div. 573

Decision Date05 June 1979
Docket Number4 Div. 573
Citation371 So.2d 948
PartiesJames E. DILLARD v. STATE.
CourtAlabama Court of Criminal Appeals

BOWEN W. SIMMONS, Retired Circuit Judge.

Pursuant to the opinion of the Supreme Court of Alabama in this cause, Dillard, 371 So.2d 947, 78-184, we have reviewed the entire record and find that there was a proper Miranda warning given to the appellant, and, likewise, a proper voluntariness predicate laid before the admission of his confession. Lewis v. State, 57 Ala.App. 545, 329 So.2d 596 (1975), and authorities cited, affirmed, 295 Ala. 350, 329 So.2d 599.

We have also considered the remaining refused written requested charges and find that they were fully and adequately covered by the trial court's oral charge or the written charges given at the request of the appellant. § 12-16-13, Code of Alabama 1975.

After careful examination, we are of the opinion that this cause is due to be

AFFIRMED.

All the Judges concur.

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5 cases
  • Jackson v. State
    • United States
    • Alabama Court of Criminal Appeals
    • 29 Marzo 2013
    ...of reasonable doubt."The principle of law as stated in King[ v. State, 356 So. 2d 1220 (Ala. 1978)], and restated in Dillard[ v. State, 371 So. 2d 947 (Ala. 1979)], is 'the refusal of it (requested jury instruction) by the trial court will not constitute prejudicial error if the principle o......
  • Hamilton v. City of Birmingham, 6 Div. 14
    • United States
    • Alabama Court of Criminal Appeals
    • 27 Mayo 1980
    ... ... See Gautney v. State, 284 Ala. 82, 222 So.2d 175; Lee v. State, 265 Ala. 623, 93 So.2d 757; ... ...
  • White v. State, 1 Div. 70
    • United States
    • Alabama Court of Criminal Appeals
    • 18 Marzo 1980
    ... ... Sec. 12-16-13, Code of Ala., 1975; Dillard v. State, Ala., 371 So.2d 947; on remand, Dillard v. State, Ala.Cr.App., 371 So.2d 948 ... ...
  • Lambeth v. State
    • United States
    • Alabama Supreme Court
    • 17 Agosto 1979
    ...211 Ala. 535, 101 So. 181 (1924). We are compelled to reverse in light of King v. State, 356 So.2d 1220 (Ala. 1978) and Dillard v. State, 371 So.2d 947 (Ala. 1979). In this case, the trial court in its oral instruction to the jury, stated, among other things, the " * * * Now, what does beyo......
  • Request a trial to view additional results

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