Wilson v. State
| Decision Date | 20 April 1979 |
| Citation | 371 So.2d 943 |
| Parties | In re Thomas Milton WILSON v. STATE of Alabama. Ex parte Thomas Milton Wilson. 77-433. |
| Court | Alabama Supreme Court |
Al Pennington, Reggie H. Stephens, Mobile, for petitioner.
William J. Baxley, Atty. Gen., and Jean Williams Brown, Asst. Atty. Gen., for the State, respondent.
The original opinion quashing the writ as having been improvidently granted is hereby withdrawn.
On original submission, this Court reviewed the opinion of the Court of Criminal Appeals and the proceedings in the trial court as provided for in Rule 39(k) and Rule 45A, Alabama Rules of Appellate Procedure, 1 even though this cause was argued and submitted prior to the effective date of those rules.
After reviewing the opinion and the proceedings, we do not note any plain error or defect in the proceedings which has or probably has adversely affected the substantial rights of the petitioner.
The judgment of the Court of Criminal Appeals is due to be and is hereby affirmed.
APPLICATION FOR REHEARING GRANTED; ORIGINAL OPINION WITHDRAWN; AFFIRMED.
All the Justices concur.
1 Rule 39(k) and Rule 45A provide:
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Hubbard v. State
... ... Arthur v. State, 472 So.2d 650 (Ala.Cr.App.1984), rev'd on other grounds, 472 So.2d 665 (Ala.1985); Julius v. State, 407 So.2d 141 (Ala.Cr.App.1980), rev'd on other grounds, 407 So.2d 152 (Ala.1981); Wilson v. State, 371 So.2d 932 (Ala.Cr.App.1978), aff'd, 371 So.2d 943 (Ala.1979), vacated on other grounds, 448 U.S. 903, 100 S.Ct. 3042, 65 L.Ed.2d 1133 (1980), rev'd on other grounds, 405 So.2d 696 (Ala.1981). The aggravating circumstance is a statutory element of the crime which must be alleged and ... ...
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Arthur v. State
... ... See, e.g., Gryger v. Burke, 334 U.S. 728, 68 S.Ct. 1256, 92 L.Ed. 1683 (1948); Arthur v. State, supra; Hubbard v. State, supra; Wilson v. State, supra." ... Id. at 1215 ... Moreover, the appellant raised a similar claim in a prior appeal, and that claim was decided adversely to him. The Alabama Supreme Court stated: ... "The defendant has raised several issues regarding the ... ...
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Williams v. State, 54294
... ... 193, 253 S.E.2d 156 (1979), cert. denied, 442 U.S. 947, 99 S.Ct. 2896, 61 L.Ed.2d 319 (1979); Missouri: State v. Trimble, 638 S.W.2d 726 (Mo.1982); Texas: Amanda v. State, 640 S.W.2d 766 (Tex.App.1982). However, some states do have statutes which require such notice. See, e.g., Wilson v. State, 371 So.2d 932 (Ala.Cr.App.1978), aff'd, 371 So.2d 943 (Ala.1979), vacated, 448 U.S. 903, 100 S.Ct. 3042, 65 L.Ed.2d 1133 (1980), on remand, 405 So.2d 696 (Ala.1981). In Mississippi, we have no such statutory requirement ... The major purpose of an indictment is to ... ...
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Lidge v. State
... ... Section 13A-1-2(4), ... or would have constituted a felony under that section had the conduct taken place in Alabama on or after January 1, 1980." ... In Wilson v. State, 371 So.2d 932 (Ala.Cr.App.1978), affirmed, 371 So.2d 943 (Ala.1979), vacated on other grounds, 448 U.S. 903, 100 S.Ct. 3042, 65 L.Ed.2d 1133 (1980), remanded, 405 So.2d 696 (Ala.1981), reversed, 405 So.2d 696 (Ala.Cr.App.1981), the defendant was indicted and convicted for the capital ... ...