Ex Parte Smith

Supreme Court of Alabama

Ex Parte Smith

409 So. 2d 930

CourtSupreme Court of Alabama

DecidedJanuary 22, 1982

Docket81-195

StatusPublished

Cited by3 cases

This text of 409 So. 2d 930 (Ex Parte Smith) is published on Counsel Stack Legal Research, covering Supreme Court of Alabama primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Ex Parte Smith, 409 So. 2d 930 (Ala. 1982).

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Opinion

While we agree with the decision of the Court of Criminal Appeals, 409 So.2d 927, we feel it is necessary to comment on one aspect of its opinion. That court, after setting forth the applicable Code sections, stated that "[b]oth Section 13-3-90 and Section 38-4-7 were repealed by the new Criminal Code, effective January 1, 1980." Defendant, however, was not indicted until November 16, 1980, and the Court of Criminal Appeals does not state at what time the crime was committed. Since this issue has not been raised, this Court assumes that the crime in question occurred before January 1, 1980, at which time the aforementioned statutes were repealed.

WRIT DENIED.

MADDOX, JONES, SHORES and BEATTY, JJ., concur.

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While we agree with the decision of the Court of Criminal Appeals, 409 So.2d 927, we feel it is necessary to comment on one aspect of its opinion. That court, after setting forth the applicable Code sections, stated that "[b]oth Section 13-3-90 and Section 38-4-7 were repealed by the new Criminal Code, effective January 1, 1980." Defendant, however, was not indicted until November 16, 1980, and the Court of Criminal Appeals does not state at what time the crime was committed. Since this issue has not been raised, this Court assumes that the crime in question occurred before January 1, 1980, at which time the aforementioned statutes were repealed.

WRIT DENIED.

MADDOX, JONES, SHORES and BEATTY, JJ., concur.

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Bluebook (online)

409 So. 2d 930, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ex-parte-smith-ala-1982.

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