Moates v. State

Decision Date29 October 1959
Docket Number5 Div. 717
PartiesCalvin MOATES v. STATE.
CourtAlabama Supreme Court

Certiorari to Court of Appeals.

Speaks & Burnett, Clanton, for petitioner.

MacDonald Gallion, Atty. Gen., and Paul T. Gish, Jr., Asst. Atty. Gen., opposed.

LIVINGSTON, Chief Justice.

Petition of Calvin Moates for certiorari to the Court of Appeals to review and revise the judgment and decision of that Court in Moates v. State, 115 So.2d 277.

Writ denied.

SIMPSON, GOODWYN and MERRILL, JJ., concur.

To continue reading

Request your trial
8 cases
  • Van Antwerp v. State
    • United States
    • Alabama Court of Criminal Appeals
    • March 7, 1978
    ...759 (1967); Lowery v. State, Ala.Cr.App., 342 So.2d 797 (1976); Moates v. State, 40 Ala.App. 234, 115 So.2d 277, cert. denied, 269 Ala. 698, 115 So.2d 282 (1959). 6A Alabama Digest, Criminal Law, k 841, 842, 843. Absent a timely objection there is nothing for this court to After limiting th......
  • Nagem v. City of Phenix City
    • United States
    • Alabama Court of Criminal Appeals
    • April 22, 1986
    ... ...         After the State rested its case, the defendant made a motion for a judgment of acquittal and again raised this issue: ... "The condition of a defendant sometime ... from 20 to 30 minutes, to several hours." Moates v. State, 40 Ala.App. 234, 237, 115 So.2d 277, cert. denied, 269 Ala. 698, 115 So.2d 283 (1959) (emphasis added) ...         In the ... ...
  • Lawrence v. State, 4 Div. 939
    • United States
    • Alabama Court of Criminal Appeals
    • January 26, 1982
    ...evidence or by supplying additional evidence. Ward v. State, supra; Moates v. State, 40 Ala.App. 234, 115 So.2d 277, cert. denied, 115 So.2d 282 (1959); Todd v. State, 380 So.2d 370 (Ala.Cr.App.1980). An objection without specifying a single ground, such as "I object", "objection", or "we o......
  • Massey v. State
    • United States
    • Alabama Court of Criminal Appeals
    • October 17, 1972
    ...and no written charges with respect to self defense were refused. In Moates v. State, 40 Ala.App. 234, 115 So.2d 277, cert. denied 269 Ala. 698, 115 So.2d 282, it is '* * * A party cannot except to matter omitted from a court's oral instructions to the jury. Tranholm v. State, 38 Ala.App. 5......
  • Request a trial to view additional results

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT