Moore v. State
| Decision Date | 06 November 1962 |
| Docket Number | 3 Div. 122 |
| Citation | 146 So.2d 734,41 Ala.App. 657 |
| Parties | Perry W. MOORE, alias v. STATE. |
| Court | Alabama Court of Appeals |
Perry W. Moore, alias, pro se.
MacDonald Gallion, Atty. Gen., and John C. Tyson, III, Asst. Atty. Gen., for the State.
Here Moore appeals from the denial of discharge on habeas corpus by Hon. Eugene Carter in the Montgomery Circuit Court.
Judge Carter was eminently correct: Moore was held under a judgment of the Jefferson Circuit Court for a sentence still unexpired. Code 1940, T. 15, § 27.
Moore complained of an alleged illegal arrest, search and seizure of effects by Birmingham City detectives in 1952. Seemingly, this arrest and its fruits flowered into his indictment for robbery. Next a petty jury found him guilty and set his punishment at eighteen years on each of two indictments.
We should point out that (1) in the courts of Alabama in 1952, there was no State or Federal decision preventing conviction brought about by wrongful search or seizure, Wolf v. People of the State of Colorado, 338 U.S. 25, 69 S.Ct. 1359, 93 L.Ed. 1782; Shields v. State, 104 Ala. 35, 16 So. 85; and (2) it would appear from Moore's narrative that he made no motion to suppress the evidence, Thompson v. State, Ala.App., 132 So.2d 386. The 1961 case of Mapp v. Ohio, 367 U.S. 643, 81 S.Ct. 1684, 6 L.Ed.2d 1081, has no retrospective effect on State court convictions. 1
Affirmed.
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Lopez, In re
...v. United States (1963) 10 Cir., 317 F.2d 494; United States ex rel. McCrea v. LaVallee (1963) D.C., 219 F.Supp. 917; Moore v. State (1962) 41 Ala.App. 657, 146 So.2d 734; People of the State of New York v. Fay (1962) D.C., 207 F.Supp. 595; Commonwealth ex rel. Stoner v. Meyers (1962) 199 P......
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Duncan v. State
...the Mapp case upon criminal prosecutions in a number of cases, including Smith v. State, 41 Ala.App. 528, 138 So.2d 474; Moore v. State, 41 Ala.App. 657, 146 So.2d 734; Phillips, alias Moore v. State, 42 Ala.App. 64, 152 So.2d 148, cert. denied, 275 Ala. 698, 152 So.2d 150; Lawson v. State,......
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United States v. Denno
...several states have had this problem presented to them and have held that Mapp should not be applied retroactively. Moore v. State, 41 Ala.App. 657, 146 So.2d 734 (1962); In re Harris, 56 Cal.2d 879, 16 Cal.Rptr. 889, 366 P.2d 305, 306 (1961) (Traynor, J. concurring); Petition of Dirring, 1......
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State v. Smith
...412 Pa. 109, 194 A.2d 143 (Sup.Ct.1963); Villasino v. Maxwell, 174 Ohio St. 483, 190 N.E.2d 265 (Sup.Ct.1963); Moore v. State, 41 Ala.App. 657, 146 So.2d 734 (Ct.App.1962); People v. Muller, 11 N.Y.2d 154, 227 N.Y.S.2d 421, 182 N.E.2d 99 (Ct.App.1962), cert denied 371 U.S. 850, 83 S.Ct. 89,......