Estes v. State

Decision Date21 April 1978
Citation358 So.2d 1057
PartiesIn re Charles William ESTES v. STATE of Alabama. Ex parte Charles William Estes. 77-370.
CourtAlabama Supreme Court

James D. Sullivan, Mobile, for petitioner.

No brief for the State.

BLOODWORTH, Justice.

The petition for writ of certiorari is denied because the admission of the ordinance is not a prerequisite to admission of the results of the PEI test. In denying this writ, we point out that we do not necessarily agree with the Court of Criminal Appeals' holding on "harmless error." Nor, do we agree that in Patton v. City of Decatur, 337 So.2d 321 (Ala.1976) there was no other evidence of intoxication.

WRIT DENIED.

TORBERT, C. J., and FAULKNER, ALMON and EMBRY, JJ., concur.

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30 cases
  • Nagem v. City of Phenix City
    • United States
    • Alabama Court of Criminal Appeals
    • April 22, 1986
    ...testing that was in fact used. Alabama Code 1975, § 32-5A-192(a). See Estes v. State, 358 So.2d 1050 (Ala.Crim.App.), cert. denied, 358 So.2d 1057 (Ala.1978). Second, there must be a showing that the test was performed according to methods approved by the State Board of Health. Alabama Code......
  • Lunceford v. City of Northport, 6 Div. 664
    • United States
    • Alabama Court of Criminal Appeals
    • November 10, 1988
    ...that was in fact used. Alabama Code 1975, § 32-5A-192(a).[ 1 See Estes v. State, 358 So.2d 1050 (Ala.Crim.App.), cert. denied, 358 So.2d 1057 (Ala.1978). Second, there must be a showing that the test was performed according to methods approved by the State Board of Health. Alabama Code 1975......
  • Vizzina v. City of Birmingham
    • United States
    • Alabama Court of Criminal Appeals
    • November 24, 1987
    ...340 So.2d 99, 101 (Ala.Cr.App.1976), overruled on other grounds by Estes v. State, 358 So.2d 1050 (Ala.Cr.App.1977), cert. denied, 358 So.2d 1057 (Ala.1978) ("[N]owhere in the record is there [a] duly certified and authenticated copy of the methods or regulations duly adopted by the Alabama......
  • Ex parte Mayo
    • United States
    • Alabama Supreme Court
    • August 26, 1994
    ...543 (Ala.Cr.App.1977), cert. denied, 344 So.2d 547 (Ala.1977); Estes v. State, 358 So.2d 1050 (Ala.Cr.App.1977), cert. denied, 358 So.2d 1057 (Ala.1978); Bagony v. City of Birmingham, 365 So.2d 336 (Ala.Cr.App.1978); Parker v. State, 397 So.2d 199 (Ala.Cr.App.), cert. denied, 397 So.2d 203 ......
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