Lowery v. State
| Decision Date | 31 July 1975 |
| Citation | 317 So.2d 372,294 Ala. 763 |
| Parties | In re William N. LOWERY v. STATE. Ex parte STATE of Alabama ex rel. ATTORNEY GENERAL. SC 1359. |
| Court | Alabama Supreme Court |
Certiorari to the Court of Criminal Appeals.
William J. Baxley, Atty.Gen., and Kermit M. Downs, Asst.Atty.Gen., for petitioner.
Petition of THE State by its Attorney General for Certiorari to the Court of Criminal Appeals to review and revise the judgment and decision of that Court in Lowery v. State, 55 Ala.App. 514, 317 So.2d 365.
Writ denied.
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23 cases
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Lidge v. State
... ... Co. v. Parks, 210 Ala. 261, 97 So. 788; 3 Wigmore on Ev., Sections 1636, 1679(a); 22 C.J. p. 838, Section 978." ... Although certified copies of records may not be used to prove the acts constituting the offense itself without calling any witnesses at all, Lowery v. State, 55 Ala.App. 514, 520-21, 317 So.2d 365, cert. denied, 294 Ala. 763, 317 So.2d 372 (1975), the admission of a properly authenticated record or document does not necessarily infringe the constitutional guaranty or right of confrontation ... "The objection of the admission of the certified ... ...
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Pickett v. State
... ... Seay v. State, 390 So.2d 11, 12 (Ala.1980); McElroy, Section 254.01(7). However, hearsay in a properly certified copy of a hospital record not shown to have been made in the regular course of business is objectionable. Whetstone, 407 So.2d at 860-61; Lowery v. State, 55 Ala.App. 511, 518, 317 So.2d 357, cert. denied, 294 Ala. 763, 317 So.2d 372 (1975) ... Here, the State proved that the emergency room report was a business record by a second certificate of the custodian in addition to the one required by Section 12-21-7. On the ... ...
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D.E.R. v. State
... ... Seay v. State , 390 So.2d 11, 12 (Ala. 1980) ; McElroy , Section 254.01(7). However, hearsay in a properly certified copy of a hospital record not shown to have been made in the regular course of business is objectionable. Whetstone , 407 So.2d at 86061 ; Lowery v. State , 55 Ala. App. 511, 518, 317 So.2d 357 [ (1974) ], cert. denied, 294 Ala. 763, 317 So.2d 372 (1975)." Pickett , 456 So.2d at 33233. " Unless a statute provides otherwise, evidence generally only comes into court through articulation by a witness. That is, except for those things ... ...
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D.D.A. v. State
... ... Although the admission of the autopsy report may have constituted error, see Grantham v. State, 580 So.2d 53, 55-58 (Ala.Cr.App.1991); Lowery v. State, 55 Ala.App. 514, 520-21, 317 So.2d 365, 371, cert. denied, 294 Ala. 763, 317 So.2d 372 (1975); but see White v. Illinois, 502 U.S. 346, 112 S.Ct. 736, 116 L.Ed.2d 848 (1992), that error, if any, did not prejudice the appellant. A review of the report shows that the only potentially ... ...
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