May v. State, 8 Div. 155

Decision Date12 December 1963
Docket Number8 Div. 155
CitationMay v. State, 166 So.2d 865, 277 Ala. 700 (Ala. 1963)
PartiesCarver David MAY v. STATE.
CourtAlabama Supreme Court

Certiorari to Court of Appeals.

Jesse A. Keller, Florence, for petitioner.

Richmond M. Flowers, Atty. Gen., opposed.

HARWOOD, Justice.

Petition of Carver David May for certiorari to the Court of Appeals to review and revise the judgment and decision in May v. State, 166 So.2d 860(8 Div. 848).

Writ denied.

LIVINGSTON, C. J., and SIMPSON and MERRILL, JJ., concur.

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9 cases
  • Favor v. State
    • United States
    • Alabama Court of Criminal Appeals
    • October 07, 1980
    ...adequately overcame any prejudicial effect which the prosecution's improper question might have otherwise had. Diamond v. State, Ala.Cr.App., 363 So.2d 109 (1978), May v. State, 42 Ala.App. 401, 166 So.2d 860, cert. denied, 277 Ala. 700, 166 So.2d 865 (1963). IV Next, appellant submits that the trial court committed reversible error by denying repeated motions for mistrial based upon certain remarks made by the prosecutor in closing The district attorney stated, in...
  • Henry v. State
    • United States
    • Alabama Court of Criminal Appeals
    • February 07, 1978
    ...the lack of evidence. Davis v. State, 49 Ala.App. 587, 274 So.2d 360, cert. denied, 290 Ala. 364, 274 So.2d 363 (1972); May v. State, 42 Ala.App. 401, 166 So.2d 860, cert. denied, 277 Ala. 700, 166 So.2d 865 (1963); White v. State, 41 Ala.App. 54, 123 So.2d 179, cert. denied, 271 Ala. 702, 123 So.2d 186 (1960). See also cases collected at 6A Alabama Digest, Criminal Law, k 720(6), (7). Also the objection to the prosecutor's argument on the grounds of...
  • Mathis v. State
    • United States
    • Alabama Court of Criminal Appeals
    • January 26, 1982
    ...State's argument because the trial court sustained appellant's objections and also instructed the jury to "disregard that line of argument" thus curing any error. May v. State, 42 Ala.App. 401, 166 So.2d 860, cert. denied, 277 Ala. 700, 166 So.2d 865 (1963). It should further be pointed out that statements of counsel in argument to the jury must be viewed as in the heat of debate, and such statements are usually valued by the jury at their true worth and are not expected to become...
  • Mack v. State
    • United States
    • Alabama Court of Criminal Appeals
    • July 26, 1977
    ...Additionally, it was for the jury to determine whether or not the appellant was aiding Davis when he shot the deceased. Brown v. State, 41 Ala.App. 641, 148 So.2d 255 (1963); May v. State, 42 Ala.App. 401, 166 So.2d 860, cert. denied, 277 Ala. 700, 166 So.2d 865 (1963). II A. The appellant argues the Miranda warnings given to the appellant immediately after his arrest while the accused was in front of his home were incomplete. On voir dire, in determining the voluntariness...
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