Williford v. State
Williford v. State
Opinion
The appellant was indicted and convicted for the unlawful possession of valium in violation of the Alabama Controlled Substances Act. Section
The appellant was arrested in the process of making a sale to an undercover agent of the Dothan Police Department. Five thousand tablets of valium were discovered in the appellant's motel room where the arrest was made. Uniformed officers executed a search warrant at the time of arrest. The validity of that warrant is not challenged on appeal.
The purpose of establishing a chain of custody is to show a reasonable probability that evidence has not been tampered with. Bell v. State,
"To warrant the reception of an object in evidence against an objection that an unbroken chain of custody has not been shown, it is not necessary that it be proved to an absolute certainty, but only to a reasonable probability, that the object is the same as, and not substantially different from, the object as it existed at the commencement of the chain. (Citations omitted)."
Sexton v. State,
346 So.2d 1177 ,1180 (Ala.Cr.App.), cert. denied,346 So.2d 1180 (Ala. 1977).
Reviewing the testimony we find no missing link in the chain of identification or possession of the seized valium.
We have carefully reviewed the record and found no error adverse to the substantial rights of the appellant. The judgment of conviction is affirmed.
AFFIRMED.
All the Judges concur.
"MR. HORNSBY (Defense Counsel): Judge, we object to that and not for the sake of argument. This is so farfetched that good gracious. Talking about popping pills at Dothan High School. Good Lord.
"MR. MARTIN (Assistant District Attorney): I am just telling how _ _ _
"MR. HERRING (Defense Counsel): This argument is just outside the realm of argument and _ _ _
"THE COURT: If one of ya'll will talk at a time, maybe I can decide if it is admissible or objectionable. What is it that _ _ _
"MR. MARTIN: I was arguing that this was good police work to go through Melvin Adams (a witness who testified during the trial) to get to this man.
"THE COURT: Stick to that and don't be getting into that.
"MR. HERRING: Your Honor, we object to him going into detail about how the police handles their drug operations. There is nothing in evidence about that.
"THE COURT: As related to this case, I think he has the right to do it. Go ahead."
Reference
- Full Case Name
- Ernest Corbitt Williford v. State.
- Cited By
- 10 cases
- Status
- Published