Wooten v. State

Court of Criminal Appeals of Alabama

Wooten v. State

248 So. 2d 766, 46 Ala. App. 728, 1971 Ala. Crim. App. LEXIS 524

Court of Criminal Appeals of Alabama·Decided June 1, 1971·No. 3 Div. 91·Published·Cited by 1 cases

Opinion

CATES, Judge.

Second degree forgery: 'Sentence, two years.

This case is controlled by Hamilton v. State, 46 Ala.App. 128, 238 So.2d 925. Also on the record sent up to us the in court identification was not sufficiently independent to overcome the use of the confrontation of the defendant without counsel at the Montgomery City Jail in breach of Stovall v. Denno, 388 U.S. 293, 87 S.Ct. 1967, 18 L.Ed.2d 1199, decided June 12, 1967. The confrontation occurred sometime after October 30, 1969 — well after the date of June 12, 1967.

The judgment below is reversed and the cause remanded.

Reversed and remanded.

Free access — add to your briefcase to read the full text and ask questions with AI

CATES, Judge.

Second degree forgery: 'Sentence, two years.

This case is controlled by Hamilton v. State, 46 Ala.App. 128, 238 So.2d 925. Also on the record sent up to us the in court identification was not sufficiently independent to overcome the use of the confrontation of the defendant without counsel at the Montgomery City Jail in breach of Stovall v. Denno, 388 U.S. 293, 87 S.Ct. 1967, 18 L.Ed.2d 1199, decided June 12, 1967. The confrontation occurred sometime after October 30, 1969 — well after the date of June 12, 1967.

The judgment below is reversed and the cause remanded.

Reversed and remanded.

Wooten v. State, 248 So. 2d 766, 46 Ala. App. 728, 1971 Ala. Crim. App. LEXIS 524 (Ala. Ct. App. 1971).

Pincite

248 So. 2d 766 (Wooten v. State) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

Related