Gales v. State
| Decision Date | 29 October 1976 |
| Citation | 338 So.2d 438 |
| Parties | In re John Riley GALES v. STATE. Ex parte John Riley Gales. SC 2039. |
| Court | Alabama Supreme Court |
Certiorari to the Court of Criminal Appeals.
Charles H. Sims, III, Selma, for petitioner.
No appearance for the State.
Petition of John Riley Gales for Certiorari to the Court of Criminal Appeals to review and revise the judgment and decision of that Court in Gales v. State, 338 So.2d 436.
WRIT DENIED.
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14 cases
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Young v. State
... ... Knight v. State, 273 Ala. 480, 489, 142 So.2d 899 (1962); Snead v. State, 251 Ala. 624, 628, 38 So.2d 576 (1946); Pilley v. State, 247 Ala. 523, 528, 25 So.2d 57 (1946); Gales v. State, 338 So.2d 436, 438 (Ala.Cr.App.), cert. denied, 338 So.2d 438 (Ala.1976); Uptain v. State, 37 Ala.App. 290, 291, 21 So.2d 111, cert. denied, 260 Ala. 459, 71 So.2d 115 (1953) ... The "scintilla rule" has not been approved in this state. Miles, 50 Ala.App. at 72, 277 ... ...
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Magwood v. State
... ... Case law has consistently held that this section is not mandatory unless the evidence places the appellant's sanity in doubt and that the decision to order a mental evaluation is discretionary with the trial court. See e.g., Moore v. State, 52 Ala.App. 179, 290 So.2d 246 (1974); Gales v. State, 338 So.2d 436 (Ala.Cr.App.), cert. denied, 338 So.2d 438 (Ala.1976); Duncan v. State, 46 Ala.App. 732, 248 So.2d 771 (1971); Lokos v. Capps, 625 F.2d 1258 (5th Cir.1980). However, the exercise of the trial court's discretion may be reviewed on appeal for abuse. Brown v. State, 45 ... ...
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Beauregard v. State
... ... Pace v. State, 284 Ala. 585, 226 So.2d 645 (1969); Dixon v. State, 357 So.2d 690 (Ala.Cr.App.1978). Only when the evidence presents a sufficient doubt as to the defendant's sanity is an investigation into his sanity required. Buttram v. State, 338 So.2d 1062 (Ala.Cr.App.1976); Gales v. State, 338 So.2d 436 (Ala.Cr.App.), cert. denied, 338 So.2d 438 (Ala.1976); Buttram v. State, 57 Ala.App. 425, 329 So.2d 114, cert. denied, 295 Ala. 394, 329 So.2d 116 (1976) ... "Before the trial judge suspends the normal course of criminal proceedings and conducts a jury inquiry into the ... ...
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Colley v. State
... ... Dixon v. State, Ala.Cr.App., 357 So.2d 690 (1978). Appellant's evidence was not so compelling as to render the denial of his motion an abuse of discretion regardless of his indigency. Pace, supra; Gales v. State, Ala.Cr.App., 338 So.2d 436, 438, cert. denied, Ala., 338 So.2d 438 (1976); Bertrand v. State, 46 Ala.App. 7, 237 So.2d 118 (1970) ... Secondly, appellant contends that he was denied the opportunity to present evidence in support of his motion when the trial court forced ... ...
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