Wyatt v. State, 2 Div. 280

Decision Date06 April 1950
Docket Number2 Div. 280
PartiesLeron WYATT v. STATE.
CourtAlabama Supreme Court

Certiorari to Court of Appeals.

Jas. A. McCollum, of Tuscaloosa, for petitioner.

A. A. Carmichael, Atty. Gen., and L. E. Barton, Asst. Atty. Gen., opposed.

LIVINGSTON, Justice.

This is a petition for certiorari to the Court of Appeals filed by Leron Wyatt to review and revise the judgment and decision of that Court in the case of Wyatt v. State, 46 So.2d 837.

We have examined the petition in connection with the opinion of the Court of Appeals and are of the opinion the petition is without merit.

Writ denied.

BROWN, LAWSON and SIMPSON, JJ., concur.

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25 cases
  • Yarber v. State
    • United States
    • Alabama Court of Criminal Appeals
    • October 27, 1981
    ...prevented from doing so in the second trial. "This point is discussed in Wyatt v. State, 35 Ala.App. 147, 46 So.2d 837, cert. den., 254 Ala. 74, 46 So.2d 847, where the court " 'The testimony of a witness at a former trial is admissible in a second trial when at the time the witness is dead......
  • Bridges v. State, 7 Div. 712
    • United States
    • Alabama Court of Criminal Appeals
    • June 30, 1987
    ...75 Ala. 262; McCoy v. State, 221 Ala. 466, 129 So. 21." Wyatt v. State, 35 Ala.App. 147, 155, 46 So.2d 837, 843, cert. denied, 254 Ala. 74, 46 So.2d 847 (1950). See also Brown v. State, 386 So.2d 501, 502 (Ala.Cr.App.1980). The appellant was afforded his right to confrontation at the previo......
  • Crosslin v. State, 8 Div. 533
    • United States
    • Alabama Court of Criminal Appeals
    • November 1, 1983
    ...Alabama Evidence §§ 245.07(5), (6), (8) and (10) (3rd ed. 1977); Wyatt v. State, 35 Ala.App. 147, 46 So.2d 837, cert. denied, 254 Ala. 74, 46 So.2d 847 (1950). Mrs. Crosslin's testimony at appellant's preliminary hearing met all of the above requirements. Thus, it can be seen that the pure ......
  • Trahan v. State, 1 Div. 672
    • United States
    • Alabama Court of Criminal Appeals
    • April 24, 1984
    ...on trial and on this appeal. This point is discussed in Wyatt v. State, 35 Ala.App. 147, 46 So.2d 837 (1950), cert. denied, 254 Ala. 74, 46 So.2d 847 (1950), where the court "The testimony of a witness at a former trial is admissible in a second trial when at the time the witness is dead, u......
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