Youngblood v. State, 5 Div. 62
| Citation | 258 So.2d 913,47 Ala.App. 571 |
| Decision Date | 29 February 1972 |
| Docket Number | 5 Div. 62 |
| Parties | Jeff YOUNGBLOOD, alias v. STATE. |
| Court | Alabama Court of Criminal Appeals |
John S. Glenn, Opelika, for appellant.
William J. Baxley, Atty. Gen., and Don C. Dickert, Asst. Atty. Gen., for the State.
The appellant, Jeff Youngblood, was convicted of burglary in the second degree and was sentenced to six years in the penitentiary.
A cabin belonging to Louis W. Phillips, located on the backwater of the Chattahoochee River in Lee County, was broken into on the night of August 17, 1970, and some articles, including a radio and floor sweeper were stolen. The same night state's witness J. D. Jones heard a noise at a neighboring cabin, which sounded like 'somebody with an axe or hammer or something hitting a wall.' He saw a Ford automobile with a loud muffler, 'Every time it would go to change gears, the muffler would get loud like the transmission was tore up in it.' This was the second time that night he had heard the automobile at that cabin. Before leaving home the witness had given his wife the sheriff's telephone number and she was standing at the phone when he left.
Deputy Sheriff John Estes testified that shortly after midnight August 17--18, 1970, he and another officer were patrolling highway 37 in Lee County when they received a call from the sheriff's office with the description of a certain automobile. As a result of said call he drove to the area of the Phillips cabin and stopped an automobile of the same description as the one which had been reported to him. The car was coming out of a side road from the cabin into the dirt road. The witness stated: The automobile was not searched. Two women and a man were in the front seat. The driver said they had permission to be in the cabin. Witness radioed the sheriff's office to call the owner of the cabin in Phenix City to see if they had permission but was unable to get him. He then told the four they would have to come to the sheriff's office while they checked the story out. They were placed under arrest at the jail. The automobile belonged to Mrs. Mary Renfroe and she was driving it at the time.
The witness turned the radio over to Deputy Watkins who testified he showed it to Louis W. Phillips. Mr. Phillips testified the radio belonged to him and was the radio that was in his cabin.
When the state had rested its case in chief defense counsel moved to exclude the evidence on the grounds, (1) that the evidence was seized as the result of an illegal arrest and, (2) The motion was...
To continue reading
Request your trial
-
People v. Harris
...cause. Case law interpreting this rule has further articulated its application to investigatory detentions. In Youngblood v. State, 47 Ala.App. 571, 258 So.2d 913 (1972), the Court recognized a police officer's right to stop a vehicle to investigate information supplied regarding criminal a......
-
Goodman v. State
...in plain view, it was properly seized as an item of evidence. Rutherford v. State, 48 Ala.App. 289, 264 So.2d 210; Youngblood v. State, 47 Ala.App. 571, 258 So.2d 913. Clearly, the pat down of the appellant was proper. Hoppins v. State, Ala.Cr.App., 337 So.2d 134; Dunaway v. State, supra; C......
-
Campbell v. State
...sufficient to justify the stopping of the automobile. Rutherford v. State, 48 Ala.App. 289, 264 So.2d 210 (1972); Youngblood v. State, 47 Ala.App. 571, 258 So.2d 913 (1972). The fact that the automobile involved was a red Ford Fairlane instead of a red Cougar is immaterial in view of the fa......
-
Atwell v. State
...arresting officers. Vincent v. State, 284 Ala. 242, 224 So.2d 601; Sheridan v. State, 43 Ala.App. 239, 187 So.2d 294; Youngblood v. State, 47 Ala.App. 571, 258 So.2d 913. This appeal raises a basic question concerning the duty of counsel in a case in forma pauperis. In appellant's brief, hi......