Lowe v. State, 6 Div. 700

Decision Date11 September 1987
Docket Number6 Div. 700
PartiesJames Donald LOWE v. STATE.
CourtAlabama Court of Criminal Appeals

Appeal from Jefferson Circuit Court.

ON REMAND FROM THE ALABAMA SUPREME COURT

TAYLOR, Judge.

This cause is reversed and remanded on the authority of the Supreme Court of Alabama, Ex parte Lowe, 514 So.2d 1049 (Ala.1987).

REVERSED AND REMANDED.

All the Judges concur.

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4 cases
  • Tomlin v. State
    • United States
    • Alabama Court of Criminal Appeals
    • July 26, 1991
    ...28 (1983). However, the courts in this state do not evaluate an error of this type using that harmless error analysis. See Ex parte Lowe, 514 So.2d 1049 (Ala.1987). "Overwhelming evidence of guilt does not render prejudicial error harmless under Rule 45, Ala.R.App.P." Lowe, 514 So.2d at 105......
  • Harrison v. State
    • United States
    • Alabama Court of Criminal Appeals
    • February 1, 1991
    ... ... was "caused by provocation recognized by law." Ala.Code 1975, § 13A-6-3(a)(2) ...         The fact that the victim, who was not and ...         (Emphasis omitted.) ...         In Lowe v. State, 514 So.2d 1042, 1045 (Ala.Cr.App.1986), reversed on other ... ...
  • State v. Freeman
    • United States
    • Alabama Court of Criminal Appeals
    • September 18, 1992
    ...arguing that the evidence against Freeman was overwhelming. This issue was addressed by the Alabama Supreme Court in Ex parte Lowe, 514 So.2d 1049 (Ala.1987): "[T]he proper inquiry here is not whether evidence of the defendant's guilt is overwhelming but, instead, whether a substantial righ......
  • Kernochan v. State
    • United States
    • Alabama Court of Criminal Appeals
    • February 11, 1994
    ... ... , was convicted of the murder of Arnie Tidwell, in violation of § 13A-6-2, Code of Alabama 1975. He was sentenced to life imprisonment ... State, 256 Ala. 612, 56 So.2d 665 (1952)." ...         Lowe v. State, 514 So.2d 1042, 1045 (Ala.Cr.App.1986), reversed on other ... ...

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