Woods v. State

Citation364 So.2d 1186
PartiesRe Jacob Esau WOODS v. STATE. Ex parte STATE of Alabama ex rel. ATTORNEY GENERAL. 77-775.
Decision Date01 December 1978
CourtSupreme Court of Alabama

William J. Baxley, Atty. Gen. and Linda C. Breland, Asst. Atty. Gen., for the State of Alabama.

No brief for respondent.

EMBRY, Justice.

Although there is much language in the opinion of the Court of Criminal Appeals, 364 So.2d 1178, with which we cannot agree, we do agree the preponderance and weight of the evidence in this case was sufficient to overcome the statutory presumption of sanity attending defendant.

PETITION FOR WRIT OF CERTIORARI DENIED.

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

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15 cases
  • Cunningham v. State
    • United States
    • Alabama Court of Criminal Appeals
    • October 12, 1982
    ...357 So.2d 683 (Ala.Cr.App.), cert. denied, 357 So.2d 690 (Ala.1978); Woods v. State, 364 So.2d 1178 (Ala.Cr.App.), cert. denied, 364 So.2d 1186 (Ala.1978); Sasser v. State, 387 So.2d 237 (Ala.Cr.App.), cert. denied, 387 So.2d 244 (Ala.1980). These cases represent the exception to the genera......
  • Janezic v. State
    • United States
    • Alabama Court of Criminal Appeals
    • November 1, 1996
    ...cert. denied, 450 U.S. 924, 101 S.Ct. 1376, 67 L.Ed.2d 353 (1981); Woods v. State, 364 So.2d 1178 (Ala.Cr.App.), cert. denied, 364 So.2d 1186 (Ala.1978); Herbert v. State, 357 So.2d 683 (Ala.Cr.App.), cert. denied, 357 So.2d 690 (Ala.1978); Pickett v. State, 37 Ala.App. 410, 71 So.2d 102 (1......
  • Berard v. State, 3 Div. 585
    • United States
    • Alabama Court of Criminal Appeals
    • July 31, 1984
    ...... In order to overcome the presumption of sanity, the appellant must prove by a preponderance of the evidence that he was in fact insane when the crime was committed. Christian v. State, Ala., 351 So.2d 623 (1977); Woods v. State, Ala.Cr.App., 364 So.2d 1178 (1978), cert. denied, Ala., 364 So.2d 1186. The determination against appellant on that issue was clearly within the province of the jury and was fully supported by the State's evidence." .         We find nothing in the record proper or in the ......
  • Nobis v. State
    • United States
    • Alabama Court of Criminal Appeals
    • March 31, 1981
    ...So.2d 892 (Ala.Cr.App.), cert. denied, 383 So.2d 895 (Ala.1980), and Woods v. State, 364 So.2d 1178 (Ala.Cr.App.), cert. denied, 364 So.2d 1186 (Ala.1978), for the following proposition: the question of insanity at the time of commission of a crime is a matter to be determined by the jury f......
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