Edwards v. State

Decision Date29 November 1973
Citation286 So.2d 313,291 Ala. 777
PartiesIn re Herbert Mose EDWARDS v. STATE. Ex parte Herbert Mose Edwards. SC 615.
CourtAlabama Supreme Court

Certiorari to the Court of Criminal Appeals.

David L. Barnett, Mobile, for petitioner.

No brief for the state.

MERRILL, Justice.

Petition of Herbert Mose Edwards for certiorari to the Court of Criminal Appeals to review and revise the judgment and decision of that Court in Edwards v. State, 51 Ala.App. 433, 286 So.2d 308.

Writ denied.

HEFLIN, C.J., and HARWOOD, MADDOX and FAULKNER, JJ., concur.

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13 cases
  • Mayola v. State
    • United States
    • Alabama Court of Criminal Appeals
    • March 8, 1977
    ...denied, 420 U.S. 967, 95 S.Ct. 1363, 43 L.Ed.2d 446 (1973); Edwards v. State, 51 Ala.App. 433, 286 So.2d 308, cert. denied, 291 Ala. 777, 286 So.2d 313 (1973); Flowers v. State, 47 Ala.App. 613, 259 So.2d 300 (1972). Only the newspaper articles are before this court. There was absolutely no......
  • Moore v. State, 8 Div. 930
    • United States
    • Alabama Court of Criminal Appeals
    • September 20, 1988
    ...cert. denied, 295 Ala. 407, 329 So.2d 140 (1976); Edwards v. State, 51 Ala.App. 433, 286 So.2d 308 (Ala.Cr.App.), cert. denied, 291 Ala. 777, 286 So.2d 313 (1973), C. Gamble, McElroy's Alabama Evidence, § 165.01(7) (3d ed.1977). Under the theory of surprise, the prosecution may elicit from ......
  • Bell v. State, 1 Div. 843
    • United States
    • Alabama Court of Criminal Appeals
    • February 12, 1985
    ... ... This is permissible, after proper predicate, even though its incidental effect is to impeach the witness's testimony. Miller v. State, 431 So.2d 586 (Ala.Crim.App.1983); Isbell v. State, 329 So.2d 133 (Ala.Crim.App.), cert. denied, 295 Ala. 407, 329 So.2d 140 (1976); Edwards v. State, 51 Ala.App. 433, 286 So.2d 308 (Ala.Cr.App.), cert. denied, 291 Ala. 777, 286 So.2d 313 (1973), C. Gamble, McElroy's Alabama Evidence § 165.01(7) (3d ed. 1977). Under the theory of surprise, the prosecution may elicit from a witness testimony that he in fact made prior contradictory ... ...
  • Nettles v. State
    • United States
    • Alabama Court of Criminal Appeals
    • February 1, 1983
    ... ... Gaston, 608 F.2d 607, 612 (5th Cir.1979) ...         See McCorvey v. State, 339 So.2d 1053, 1056 (Ala.Cr.App.), cert. denied, 339 So.2d 1058 (Ala.1976); Edwards v. State, 51 Ala.App. 433, 286 So.2d 308, cert. denied, 291 Ala. 777, 286 So.2d 313 (1973) ...         Defense counsel apparently wanted to use the requested items of physical evidence to show that there was no probable cause to arrest the defendant and that this evidence was obtained ... ...
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