Ex parte Hubbard

Decision Date07 March 1980
Citation382 So.2d 597
PartiesEx parte J. B. HUBBARD. (Re: J. B. Hubbard, alias, etc. v. State of Alabama. 78-688.
CourtAlabama Supreme Court

Ralph C. Burroughs, Public Defender, Walter P. Crownover of Crownover & Mountain, Joel L. Sogol, of Sogol & Chandler, Tuscaloosa, for petitioner.

Charles A. Graddick, Atty. Gen., James F. Hampton, Sp. Asst. Atty. Gen., for respondent.

FAULKNER, Justice.

J. B. Hubbard was indicted for murder pursuant to Code 1975, § 13-11-2(a)(13), as he had previously been convicted of second degree murder within twenty years, was found guilty by a jury in Tuscaloosa County Circuit Court, and was sentenced to die by electrocution. The Court of Criminal Appeals affirmed his conviction. Hubbard v. State, (MS, May 1, 1979) 382 So.2d 577 (Ala.Cr.App.1979). This Court granted certiorari to review the conviction, pursuant to ARAP 39(c), as this case involves the death penalty.

We have carefully reviewed the record and the additional facts presented in Hubbard's ARAP 39(k) motion. We find the conviction is adequately supported by the evidence, and we agree with the reasoning of the Court of Criminal Appeals on all issues.

The Court of Criminal Appeals is affirmed.

AFFIRMED.

TORBERT, C. J., and MADDOX, JONES, ALMON, SHORES, EMBRY and BEATTY, JJ., concur.

BLOODWORTH, J., not sitting.

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24 cases
  • Hubbard v. State
    • United States
    • Alabama Court of Criminal Appeals
    • 13 Mayo 1986
    ... ... In addition, the defendant was indicted and convicted not simply for 'an intentional killing' but for an offense involving first degree murder. Most of the aggravated offenses created by Alabama's Death Penalty Act involve an 'intentional killing' rather than first degree murder. In Ex Parte Clements, 370 So.2d 723 (Ala.1979), the Alabama Supreme Court affirmed this Court's holding that under Section 13-11-2(a)(2) the indictment need not charge that the killing was done ' "unlawfully and intentionally and with malice aforethought" ' during the commission of a robbery as the statute ... ...
  • Arthur v. State
    • United States
    • Alabama Court of Criminal Appeals
    • 8 Marzo 1996
    ... ... Page 1043 ... identity exception to the general exclusionary rule. Ex parte Arthur, 472 So.2d 665 (Ala.1985). The appellant was again convicted of capital murder and was sentenced to death by electrocution. However, this ...         However, in Hubbard v. State, 500 So.2d 1204, 1215 (Ala.Cr.App.), affirmed, 500 So.2d 1231 (Ala.1986), the defendant alleged that the use of his prior conviction as an ... ...
  • Arthur v. State, 8 Div. 873
    • United States
    • Alabama Court of Criminal Appeals
    • 10 Abril 1984
    ... ... Hubbard v. State, 382 So.2d 577 (Ala.Cr.App.1979), aff'd, 382 So.2d 597 (Ala.1980), rev'd on other grounds, 405 So.2d 695 (Ala.1981); Wilson v. State, 371 ... Dyer v. State, 241 Ala. 679, 4 So.2d 311 (1941); Sanders v. Scarvey, 284 Ala. 215, 224 So.2d 247 (1969); Ex Parte Ledbetter, 404 So.2d 731 (Ala.1981). However, soliciting promises to return a certain verdict are prohibited. Ex Parte Dobard, 435 So.2d 1351 ... ...
  • Nelson v. State
    • United States
    • Alabama Court of Criminal Appeals
    • 12 Noviembre 1986
    ... ...         In Ex parte Clisby, 456 So.2d 95, 97-98 (Ala.1983), on remand Clisby v. State, 456 So.2d 98, appeal after remand, 456 So.2d 99, aff'd, 456 So.2d 105, cert ... In determining the validity of appellant's contentions, we rely on Hubbard v. State, 382 So.2d 577, 588-91 (Ala.Cr.App.1979), aff'd, 382 So.2d 597 (Ala.1980), rev'd, 405 So.2d 695 (Ala.Cr.App.1981), and Hubbard v. State, 500 ... ...
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