Graham v. State.
| Decision Date | 24 November 1976 |
| Citation | 339 So.2d 114 |
| Parties | In re Margaret Frances GRAHAM v. STATE. Ex parte Margaret Frances Graham. SC 2151. |
| Court | Alabama Supreme Court |
Certiorari to the Court of Criminal Appeals.
Elno A. Smith, Jr., Montgomery, for petitioner.
None for the State.
Petition of Margaret Frances Graham for Certiorari to the Court of Criminal Appeals to review and revise the judgment and decision of that Court in Graham v. State, Ala.Cr.App., 339 So.2d 110.
WRIT DENIED.
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18 cases
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Atchley v. State
... ... As to appellant's claim that he was acting in self-defense, we find the following from Graham v. State, Ala.Cr.App., 339 So.2d 110, cert. denied, Ala., 339 So.2d 114 (1976), to be helpful on this point: ... "Must the State disprove the defense of self-defense in order to convict a defendant of murder? While the burden of proving the defense of self-defense never shifts to the defendant, ... ...
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State v. Kirtley
... ... Graham v. State, 339 So.2d 110 (Ala.App.1976), Cert. denied (Ala.), 339 So.2d 114; State v. Garcia, 114 Ariz. 317, 560 P.2d 1224 (1977); Bolin v. State, 297 So.2d 317 (Fla.App.1974); People v. Halley, 13 Ill.App.3d 719, 300 N.E.2d 645 (1973); Montague v. State, 360 N.E.2d 181 (Ind.1977); State v. Cruse, ... ...
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Grice v. State, 4 Div. 461
... ... State, 338 So.2d 528 (Ala.Crim.App.1976); Cox v. State, 363 So.2d 1054 (Ala.Crim.App.1978); Duncan v. State, 436 So.2d 883 (Ala.Crim.App.1983). Conflicting evidence as to what actually took place creates a question for the jury to resolve. Graham v. State, 339 So.2d 110 (Ala.Crim.App.), cert. denied, 339 So.2d 114 (Ala.1976); McBryar v. State, 368 So.2d 568 (Ala.Crim.App.), cert. denied, 368 So.2d 575 (Ala.1979) ... "In reviewing the issue of the sufficiency of the evidence to support a conviction, this Court must accept ... ...
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Hand v. State
... ... Whether there has been a communication with the juror and whether it has caused prejudice are fact questions to be determined by the court in the exercise of sound discretion." Gaffney v. State, 342 So.2d 403 (Ala.Cr.App.1976), cert. denied, 342 So.2d 404 (Ala.1977); Graham v. State, 339 So.2d 110 (Ala.Cr.App.), cert. denied, 339 So.2d 114 (Ala.1976); Simms v. State, 56 Ala.App. 156, 320 So.2d 89 (1975). Moreover, such a ruling by the trial court will not be overturned absent a showing of abuse of discretion. Gaffney v. State, supra; Graham v. State, supra; ... ...
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