Alabama Court of Criminal Appeals, 1971

Wooten v. State

Wooten v. State
Alabama Court of Criminal Appeals · Decided June 1, 1971 · Cates
46 Ala. App. 728; 248 So. 2d 766; 1971 Ala. Crim. App. LEXIS 524

Wooten v. State

Opinion of the Court

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.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.