Ex parte Favors
Decision Date | 19 August 1983 |
Citation | 437 So.2d 1370 |
Parties | Ex parte Edward Jett FAVORS. (Re Edward Jett Favors v. State of Alabama). 82-648. |
Court | Alabama Supreme Court |
Ralph L. Brooks of Brooks & Brooks, Anniston, for petitioner.
Charles A. Graddick, Atty. Gen., and Gerrilyn V. Grant, Asst. Atty. Gen., for respondent.
We granted certiorari to review one of the issues in this case, the issue of voice identification. The full facts are amply set forth in Favors v. State, 437 So.2d 1358 (Ala.Cr.App.1983). The following, however, is a synopsis of the facts as they pertain to this specific issue.
Diana Houston, city clerk to the town of Hobson City, received a telephone call from a man on October 2, 1981, two days after the victim had been reported missing, identifying himself as "Robert Miller." The substance of the call was that he had been hunting in the area of the local rock quarry and had discovered a dead body. Six days later, she was monitoring telephone calls on the city hall telephone lines and she recognized the voice on one of the lines as the voice of the person who had identified himself as "Robert Miller." Ms. Houston testified at the trial that when she looked up that day, she saw Edward Jett Favors, the appellant, a short distance away using a telephone and talking on that particular line.
In its opinion, the Court of Criminal Appeals discusses the trial court's permitting the state to introduce into evidence Ms. Houston's testimony that the voice of "Robert Miller" was the voice of Edward Favors:
437 So.2d at 1367-68 (Ala.Cr.App.1983).
It is evident from the facts that there was no face-to-face conversation per se between the witness and Edward Favors subsequent to the October 2, 1981, telephone call, as Favors contends there must be under McGraw v. State, 34 Ala.App. 43, 36 So.2d...
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