Walker v. State
| Decision Date | 05 April 1973 |
| Citation | 275 So.2d 732,290 Ala. 371 |
| Parties | In re William A. WALKER v. STATE Ex parte STATE of Alabama ex rel. ATTORNEY GENERAL. SC 310. |
| Court | Alabama Supreme Court |
Certiorari to the Court of Criminal Appeals.
William J. Baxley, Atty. Gen., and Richard F. Calhoun, Asst. Atty. Gen., for the State.
No brief for respondent.
Petition of the State by its Attorney General for Certiorari to the Court of Criminal Appeals to review and revise the judgment and decision of that Court in Walker v. State, 49 Ala.App. 741, 275 So.2d 724.
Writ denied.
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11 cases
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Reese v. State
...strand wire known as blasting cap wire" within the last week. Walker v. State, 49 Ala.App. 741, 275 So.2d 724, cert. denied, 290 Ala. 371, 275 So.2d 732 (1973), cited by appellant, where the time element for the informant's observations was completely missing from the affidavit, is not anal......
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McBride v. State, 3 Div. 296
...could have been any time in the past." (quoting Walker v. State, 49 Ala.App. 741, 743, 275 So.2d 724, 725-26, cert. denied, 290 Ala. 371, 275 So.2d 732 (1973)). A "stale" affidavit which does not pinpoint the time of the informant's observation fails the test established in Aguilar v. Texas......
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Nelms v. State
...So.2d 54 (Ala.Crim.App.), cert. denied, 353 So.2d 59 (Ala.1977); Walker v. State, 49 Ala.App. 741, 275 So.2d 724, cert. denied, 290 Ala. 371, 275 So.2d 732 (1973). Accord, King v. State, 410 So.2d 586 (Fla.Dist.Ct.App.1982); Orr v. State, 382 So.2d 860 (Fla.Dist.Ct.App.1980); People v. Siem......
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Thomas v. State, 6 Div. 204
...this Court, through Harris, J., ruled to be legally insufficient. Walker v. State, 49 Ala.App. 741, 275 So.2d 724, cert. denied, 290 Ala. 371, 275 So.2d 732. In Walker, supra, Judge Harris ". . . 'Had observed' could have been any time in the past. The informer did not tell the officer-affi......
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