Moore v. State

Supreme Court of Alabama

Moore v. State

283 So. 2d 187, 291 Ala. 522, 1973 Ala. LEXIS 1138

CourtSupreme Court of Alabama

DecidedSeptember 20, 1973

DocketSC 374

StatusPublished

Cited by2 cases

This text of 283 So. 2d 187 (Moore v. State) 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

Moore v. State, 283 So. 2d 187, 291 Ala. 522, 1973 Ala. LEXIS 1138 (Ala. 1973).

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Opinion

COLEMAN, Justice.

In denying certiorari, we are not to be understood as deciding that Deputy Mitchell’s testimony as to defendant’s alleged statement was admissible for the reason that the statement made by defendant was addressed to the prosecuting witness who was not an officer of the law. At the time defendant made the alleged statement, he was under arrest and in the custody of the witness, Deputy Mitchell, the arresting officer.

While the warning given by Mitchell to defendant is not an example of clarity, we are of opinion that the warning was sufficient to advise defendant that an attorney would be appointed for defendant prior to questioning if he could not afford an attorney, and that Mitchell’s testimony as to [523]*523what defendant allegedly said to Templeton was admitted without error.

Writ denied.

HEFLIN, C. J., and BLOODWORTH, McCALL and JONES, JJ., concur.

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