Armstrong v. State

30 Citing cases

  1. Dill v. State

    600 So. 2d 343 (Ala. Crim. App. 1991)   Cited 205 times
    Holding that the details of the prior robbery were properly admitted "to show the violent nature of the offense"

    Prosecutors should be allowed wide latitude in their exhortations to the jury. Armstrong v. State, 516 So.2d 806 (Ala.Crim.App. 1986); Varner v. State, 418 So.2d 961 (Ala.Crim.App. 1982). The conduct by the accused during the trial is a proper subject of comment.

  2. Robinson v. Commonwealth

    258 Va. 3 (Va. 1999)   Cited 77 times
    Finding price tags affixed to items offered for sale admissible as evidence of items’ value in shoplifting case

    Id. at 556. The Commonwealth also cites Armstrong v. State, 516 So.2d 806, 809 (Ala. Crim. App. 1987) (value of stolen item established when box containing stolen item is marked with price tag and admitted into evidence); Watson v. State, 415 So.2d 128, 128 (Fla. Dist. Ct. App. 1982) (testimony of department store employee concerning contents of price tag not hearsay); Kowalczk v. State, 394 S.E.2d 594, 595 (Ga. App. 1990) (testimony of store manager as to actual retail price of stolen merchandise sufficient to establish value); People v. Drake, 475 N.E.2d 1018, 1020-22 (Ill. App.2d 1985) (information shown on stickers attached to stolen items admissible and competent evidence);Lauder, 195 A.2d at 611 (price tags admissible where tag is attached at time of arrest and similar tags are attached to other articles throughout store); Lacy v. State, 432 So.2d 1205, 1206 (Miss. 1983) (adopting judicial notice rationale of State v. White, supra, in holding price tags not inadmissible on hearsay grounds when tags attached at time of theft, no reduced price sale in progress at store, and witnes

  3. Knight v. State

    300 So. 3d 76 (Ala. Crim. App. 2018)   Cited 20 times

    Orr v. State, 462 So.2d 1013, 1016 (Ala. Cr. App. 1984).’" Armstrong v. State, 516 So.2d 806, 809 (Ala. Crim. App. 1986)."

  4. Russell v. State

    261 So. 3d 397 (Ala. Crim. App. 2015)   Cited 6 times
    Holding that there was no error, plain or otherwise, in an argument that was based on a "reasonable inference that could have been drawn from the forensic evidence presented at trial"

    "[P]rosecutors are to be allowed wide latitude in their exhortations to the jury." Armstrong v. State, 516 So.2d 806, 809 (Ala.Crim.App.1986).

  5. Mashburn v. State

    148 So. 3d 1094 (Ala. Crim. App. 2014)

    However, he failed to plead any facts to support this conclusory allegation. It is well settled that statements of counsel are not evidence, see, e.g., Armstrong v. State, 516 So.2d 806, 809 (Ala.Crim.App.1986) (“The prosecutor's statements are not evidence.”), and Mashburn failed to plead any facts indicating that the nine statements by the prosecutor that he believed were improper actually had any impact on the jury at all, much less that there was a reasonable probability that the jury would have returned a different verdict but for hearing those nine statements.

  6. Scheuing v. State

    161 So. 3d 245 (Ala. Crim. App. 2013)   Cited 13 times
    Finding no prejudice because that there was no evidence to support appellant's assertion that he suffered from anxiety and emotional stress

    ’ ”Albarran v. State, 96 So.3d 131, 183 (Ala.Crim.App.2011) (quoting Armstrong v. State, 516 So.2d 806, 809 (Ala.Crim.App.1986)). Contrary to Scheuing's argument, the prosecutor's comment was not factually and legally incorrect and did not relieve the State of its burden to present evidence.

  7. Mashburn v. State

    148 So. 3d 1094 (Ala. Crim. App. 2013)   Cited 60 times
    Holding that the appellant failed to comply with Rule 28 by failing to cite any authority in support of his claim

    However, he failed to plead any facts to support this conclusory allegation. It is well settled that statements of counsel are not evidence, see, e.g., Armstrong v. State, 516 So.2d 806, 809 (Ala.Crim.App.1986) (“The prosecutor's statements are not evidence.”),

  8. Johnson v. State

    120 So. 3d 1130 (Ala. Crim. App. 2013)   Cited 33 times
    Holding prosecutor's argument that a prosecution witness, while a murderer, had testified truthfully because "the evidence showed he did" was appropriate jury argument

    Orr v. State, 462 So.2d 1013, 1016 (Ala.Cr.App.1984).” “ ‘Armstrong v. State, 516 So.2d 806, 809 (Ala.Cr.App.1986).’ ”Jackson v. State, 791 So.2d 979, 1030 (Ala.Crim.App.2000), cert. denied, Ex parte Jackson, 791 So.2d 1043 (Ala.2000), cert. denied, Jackson v. Alabama, 532 U.S. 934, 121 S.Ct. 1387, 149 L.Ed.2d 311 (2001).

  9. Thompson v. State

    153 So. 3d 84 (Ala. Crim. App. 2012)

    Orr v. State, 462 So.2d 1013, 1016 (Ala.Cr.App.1984).”Armstrong v. State, 516 So.2d 806, 809 (Ala.Crim.App.1986).

  10. Thompson v. State

    153 So. 3d 84 (Ala. Crim. App. 2012)

    Orr v. State, 462 So.2d 1013, 1016 (Ala.Cr.App.1984).” Armstrong v. State, 516 So.2d 806, 809 (Ala.Crim.App.1986).