Parker v. State

Supreme Court of Alabama

Parker v. State

360 So. 2d 347, 1978 Ala. LEXIS 2285

CourtSupreme Court of Alabama

DecidedJune 30, 1978

Docket77-545

StatusPublished

This text of 360 So. 2d 347 (Parker 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

Parker v. State, 360 So. 2d 347, 1978 Ala. LEXIS 2285 (Ala. 1978).

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Opinion

EMBRY, Justice.

We deny the writ because it is clear from the Court of Criminal Appeals’ opinion, 360 So.2d 344, that this offense occurred at least after 6:30 P.M. on December 19, 1974, which we know to be nighttime.

We do not necessarily agree with the rule announced in the opinion to the effect that nighttime, as it relates to burglary, begins at sunset. See footnote one in Gaskin v. State, 53 Ala.App. 64, 297 So.2d 388 (1974).

WRIT DENIED.

TORBERT, C. J., and BLOODWORTH, FAULKNER and ALMON, JJ., concur.

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