Supreme Court of Alabama, 1982

Ex Parte Smith

Supreme Court of Alabama · Decided January 22, 1982 · Torbert

409 So. 2d 930 (Southern Reporter, Second Series)

Cases that cite this one

3 later published cases cite this decision.

Dowdell v. State (Ala. Crim. App. 1985)
Broaden v. State (Ala. 1982)
Chisolm v. State (Ala. Crim. App. 1981)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion

While we agree with the decision of the Court of Criminal Appeals, 409 So.2d 927, we feel it is necessary to comment on one aspect of its opinion. That court, after setting forth the applicable Code sections, stated that "[b]oth Section 13-3-90 and Section 38-4-7 were repealed by the new Criminal Code, effective January 1, 1980." Defendant, however, was not indicted until November 16, 1980, and the Court of Criminal Appeals does not state at what time the crime was committed. Since this issue has not been raised, this Court assumes that the crime in question occurred before January 1, 1980, at which time the aforementioned statutes were repealed.

WRIT DENIED.

MADDOX, JONES, SHORES and BEATTY, JJ., concur.

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