Shields v. State

Decision Date20 June 1974
Citation292 Ala. 749,296 So.2d 793
PartiesIn re Randall A. SHIELDS v. STATE. Ex parte Randall A. Shields. SC 836.
CourtAlabama Supreme Court

Certiorari to the Court of Criminal Appeals.

Watts, Salmon, Roberts, Manning & Noojin, Huntsville, for petitioner.

No brief for the State.

MERRILL, Justice.

Petition of Randall A. Shields for Certiorari to the Court of Criminal Appeals to review and revise the judgment and decision of that Court in Shields v. State, 52 Ala.App. 690, 296 So.2d 786.

Writ denied.

HEFLIN, C.J., and HARWOOD, McCALL and FAULKNER, JJ., concur.

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11 cases
  • Nelson v. State
    • United States
    • Alabama Court of Criminal Appeals
    • November 12, 1986
    ... ... 561 (1934). In charging the jury, it is incumbent on the trial court to give the law applicable to all theories presented by the evidence. Stork v. State, 475 So.2d 623 (Ala.1985); McGee v. State, 383 So.2d 205 (Ala.1980); Johnson v. State, 257 Ala. 644, 60 So.2d 818 (1952); Shields v. State, 52 Ala.App. 690, 296 So.2d 786, cert. denied, 292 Ala. 749, 296 So.2d 793 (1974); Glover v. State, 21 Ala.App. 423, 109 So. 125 (1926) ...         Provocation has been defined as that treatment by another which arouses anger or passion, which produces in the minds of persons ... ...
  • Ellis v. State
    • United States
    • Alabama Court of Criminal Appeals
    • May 11, 1990
    ... ... State, 288 Ala. 519, 523, 262 So.2d 768, 772 (1971) (remanding with directions "to determine whether the accused knowingly and intelligently waived his right to trial by jury, whether the State consented to such waiver, and whether the trial court reasonably approved of such waiver"); Shields v. State, 52 Ala.App. 690, 695, 296 So.2d 786, 789, cert. denied, 292 Ala. 749, 296 So.2d 793 (1974); Green v. State, 51 Ala.App. 654, 655, 288 So.2d 191, 191-92 (1974) ...         The Singer Court added the following caution to its finding that waiver of jury trial was subject to the ... ...
  • Robinson v. State
    • United States
    • Alabama Court of Criminal Appeals
    • February 1, 1977
    ... ... Layne v. State, 54 Ala.App. 529, 310 So.2d 249 (1975); Johnson v. State, 55 Ala.App. 581, 317 So.2d 548 (1975); Shields v. State, 52 Ala.App. 690, 296 So.2d 786, cert. denied, 292 Ala. 749, 296 So.2d 793 (1974); when they corroborate the testimony of the toxicologist as to the size and location of the wound inflicted, Means v. State, 51 Ala.App. 8, 282 So.2d 356, cert. denied, 291 Ala. 792, 282 So.2d 359 (1973); ... ...
  • Crumpton v. State
    • United States
    • Alabama Court of Criminal Appeals
    • May 26, 1981
    ... ... Orr v. State, 40 Ala.App. 45, 111 So.2d 627, aff'd, 269 Ala. 176, 111 So.2d 639 (1959) ...         An exception to a charge should set out the objectionable portion, and not merely refer to the charge on a particular subject. McGhee v. State, 178 Ala. 4, 59 So. 573 (1912); Shields v. State, 52 Ala.App. 690, 296 So.2d 786, cert. den., 292 Ala. 749, 296 So.2d 793 (1974). It is the accused's duty in excepting to separate the bad part from the good. Treadwell v. State, 168 Ala. 96, 53 So. 290 (1909). An exception merely describing the subject treated by the trial court in an ... ...
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