Burton v. State

6 Citing cases

  1. Bland v. State

    166 So. 2d 735 (Ala. 1964)   Cited 5 times

    "In view of the holding of this court in Davenport-Harris Funeral Home, Inc., v. Chandler, supra, we are constrained to deny the writ without giving consideration to any of the questions treated in the opinion of the Court of Appeals." This holding has been followed in subsequent cases of Burton v. State, 267 Ala. 354, 101 So.2d 572; Nix v. State, 271 Ala. 628, 126 So.2d 123. Actually, appellant's petition for certiorari, and the brief in support of it, is nothing more than a copy of the brief submitted by the appellant for a reversal in the Court of Appeals, and is entirely inadequate to meet the requirements of Rule 39 of the Revised Rules of this court.

  2. Cranmore v. State

    129 So. 2d 688 (Ala. 1961)   Cited 1 times

    This renders the petition insufficient to invite a review. Burton v. State, 267 Ala. 354, 101 So.2d 572; Davenport-Harris Funeral Home, Inc. v. Chandler, 264 Ala. 623, 88 So.2d 878. Writ denied.

  3. Sparks v. State

    270 Ala. 488 (Ala. 1960)   Cited 10 times

    In determining the propriety vel non of issuing a writ of certiorari to the Court of Appeals, we only pass on the grounds on which the certiorari is sought. City of Gadsden v. Elrod, 250 Ala. 148, 33 So.2d 270; Davenport-Harris Funeral Home v. Chandler, 264 Ala. 623, 88 So.2d 878; Liberty National Life Insurance Co. v. Stringfellow, 265 Ala. 561, 92 So.2d 927, and Burton v. State, 267 Ala. 354, 101 So.2d 572. The only two grounds on which certiorari is sought in this court are:

  4. Hughes v. State

    412 So. 2d 296 (Ala. Crim. App. 1982)   Cited 35 times
    In Hughes v. State, 412 So.2d 296 (Ala.Cr.App. 1982), we held that "[a] general objection which does not specify grounds presents nothing for review."

    Since arson is an offense against possession rather than title, Adams v. State, 62 Ala. 177 (1878), an indictment is sufficient if it states that the property was of the one who had "actual occupancy." Livingston v. State, Ala.Cr.App., 372 So.2d 1350 (1979); Burton v. State, 39 Ala. App. 332, 101 So.2d 564, cert. denied, 267 Ala. 354, 101 So.2d 572 (1957). II

  5. McCoy v. State

    397 So. 2d 577 (Ala. Crim. App. 1981)   Cited 55 times

    An accomplice's out-of-court statements cannot be used to corroborate his own testimony. Adams v. State, 23 Ala. App. 477, 127 So. 254 (1930); Burton v. State, 39 Ala. App. 332, 101 So.2d 564 (1975), cert. denied, 267 Ala. 354, 101 So.2d 572 (1958). Compare Woods v. State, 76 Ala. 35 (1884); Hosey v. State, 344 So.2d 1230 (Ala.Cr.App.), cert. denied, 344 So.2d 1235 (Ala. 1977); Smothers v. State, 38 Ala. App. 153, 83 So.2d 374, cert. denied, 263 Ala. 701, 83 So.2d 376 (1955); Morris v. State, 25 Ala. App. 156, 142 So. 592 (1932), where the corroborating evidence consisted of the testimony of the wife of an accomplice concerning a conversation she overheard between an accomplice and the defendant.

  6. Ex Parte Burton

    153 So. 2d 254 (Ala. Crim. App. 1963)   Cited 1 times

    John E. Burton petitions this court for leave to file a writ of error coram nobis in the Circuit Court of Walker County, Alabama, in which he was convicted of arson and sentenced to fifteen years imprisonment on February 15, 1956. Judgment of the conviction was affirmed on appeal to this court ( 39 Ala. App. 332, 101 So.2d 567) and certiorari denied by the Supreme Court ( 267 Ala. 354, 101 So.2d 572). "When an appeal is taken the cause is transferred to the appellate court. If that court affirms, application can be made to it for leave to file a motion in the circuit court for the writ of error coram nobis. If found meritorious, the appellate court may grant leave, and in doing so suspend the execution of the sentence for a reasonable time to enable the application to be made to the circuit court. * * * This is of course discretionary with the appellate court."