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Grant v. State

239 So. 2d 903, 46 Ala. App. 232, 1970 Ala. Crim. App. LEXIS 408
CourtCourt of Criminal Appeals of Alabama
DecidedOctober 6, 1970
Docket3 Div. 46
StatusPublished
Cited by22 cases

This text of 239 So. 2d 903 (Grant v. State) is published on Counsel Stack Legal Research, covering Court of Criminal Appeals of Alabama primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Grant v. State, 239 So. 2d 903, 46 Ala. App. 232, 1970 Ala. Crim. App. LEXIS 408 (Ala. Ct. App. 1970).

Opinion

CATES, Judge.

Shoplifting of merchandise valued at $7.00 (Grand Larceny, Code 1940, T. 14, § 331, as amended, — theft from shop $5.00 and upwards) : sentence seven years.

The only point argued was the competence of a store clerk to testify to her opinion of value. An expert witness is one who knows more than the jury about a subject. Basically, the trial judge determines the qualification. The defendant has the right to go into the qualifications before the judge rules.

On the instant record all the defense did was object whereupon the assistant district attorney asked further questions. Moreover, the defendant got the benefit of the wholesale purchase prices rather than retail selling prices.

No motion to exclude, no request for the affirmative charge and no motion for new trial appear in the record. Hence, we are not called on to rule on the sufficiency of the evidence. Alexander v. State, 44 Ala.App. 143, 204 So.2d 486.

We have reviewed the entire record under Code 1940, T. 15, § 389 and consider the judgment below is due to be

Affirmed.

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Bluebook (online)
239 So. 2d 903, 46 Ala. App. 232, 1970 Ala. Crim. App. LEXIS 408, Counsel Stack Legal Research, https://law.counselstack.com/opinion/grant-v-state-alacrimapp-1970.