Dolvin v. State, 8 Div. 235
Decision Date | 21 August 1979 |
Docket Number | 8 Div. 235 |
Citation | 391 So.2d 129 |
Parties | Glenn DOLVIN v. STATE. |
Court | Alabama Court of Criminal Appeals |
William L. Chenault, III of Chenault & Chenault, Travis W. Hardwick of Hardwick, Knight & Belser, Decatur, for appellant.
Charles A. Graddick, Atty. Gen. and Jean Williams Brown, Asst. Atty. Gen., for the State, appellee.
On August 16, 1970, Charles Ray Lovett disappeared from his home in Decatur. His skeletonized remains were unearthed in Sanford, Florida, on December 9, 1977. The defendant was indicted and convicted for the first degree murder of Lovett. Because the evidence is insufficient to connect the defendant with the killing of Lovett, we reverse that conviction.
On appeal the State adopts the statement of facts set forth in defendant's appellate brief as "substantially correct". In arguing the issue on the insufficiency of the evidence the State recites those facts which it alleges support the inference of the defendant's guilt. The State's own factual statement reveals the glaring insufficiency of the evidence to connect the defendant with the crime. From the State's appellate brief:
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...person at the time and place of a crime is not sufficient to justify his conviction for the commission of the crime.' Dolvin v. State, 391 So.2d 129, 133 (Ala.Cr.App.1979), reversed [as to outcome], 391 So.2d 133 (Ala.1980). However, 'if presence at the time and place a crime is committed, ......
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...person at the time and place of a crime is not sufficient to justify his conviction for the commission of the crime.' Dolvin v. State, 391 So.2d 129, 133 (Ala.Cr.App.1979), reversed, 391 So.2d 133 (Ala.1980). However, `if presence at the time and place a crime is committed, in conjunction w......
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Buford v. State
...person at the time and place of a crime is not sufficient to justify his conviction for the commission of the crime." Dolvin v. State, 391 So.2d 129, 133 (Ala.Cr.App.1979), reversed, 391 So.2d 133 (Ala.1980). However, "if presence at the time and place a crime is committed, in conjunction w......
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Harris v. State
...person at the time and place of a crime is not sufficient to justify his conviction for the commission of the crime.' Dolvin v. State, 391 So.2d 129, 133 (Ala.Cr.App. 1979), reversed, 391 So.2d 133 (Ala. 1980). However, `if presence at the time and place a crime is committed, in conjunction......