Dotson v. State

4 Citing cases

  1. House v. State

    380 So. 2d 940 (Ala. 1979)   Cited 58 times
    Holding that for immunity purposes law enforcement duties include the "detection and apprehension of criminals"

    The law of this state is well settled that "[t]here is no material variance where there is proof of so much of an indictment as shows the defendant committed a substantial offense specified therein." Dotson v. State, 337 So.2d 83 (Ala.Cr.App. 1976). See also Owens v. State, 291 Ala. 107, 278 So.2d 693 (1973); Taylor v. State, 47 Ala. App. 285, 253 So.2d 354 (1971); Fuller v. State, 39 Ala. App. 219, 96 So.2d 829 (1957); Blakeney v. State, 244 Ala. 262, 13 So.2d 430 (1943); Tyson v. State, 361 So.2d 1182, 1188 (Ala.Cr.App. 1978).

  2. McCall v. State

    501 So. 2d 496 (Ala. Crim. App. 1987)   Cited 32 times
    Holding that although interrogation may not continue after a suspect has requested counsel, the police legitimately may inquire whether the suspect has changed his mind about speaking to them without an attorney

    The law of this state is well settled that '[t]here is no material variance where there is proof of so much of an indictment as shows the defendant committed a substantial offense specified therein.' Dotson v. State, 337 So.2d 83 (Ala.Cr.App. 1976)." House v. State, 380 So.2d 940, 943 (Ala. 1979).

  3. Griffin v. State

    500 So. 2d 83 (Ala. Crim. App. 1986)   Cited 32 times
    In Griffin v. State, 500 So.2d 83, 87 (Ala.Cr.App. 1986), the defendant was admitted to the hospital after he apparently attempted suicide by consumption of alcohol and an overdose of drugs.

    "[T]here is no material variance where there is proof of so much of an indictment as shows the defendant committed a substantial offense specified therein." House v. State, 380 So.2d 940 (Ala. 1979), quoting Dotson v. State, 337 So.2d 83 (Ala.Cr.App. 1976). This court has also said:

  4. Wells v. State

    378 So. 2d 747 (Ala. Crim. App. 1979)   Cited 4 times
    In Wells v. State, 378 So.2d 747 (Ala.Crim.App.), writ denied, 378 So.2d 756 (Ala. 1979), this court was presented with a similar situation.

    The appellant was found in possession of the cards and he attempted to use them for identification. The state proved more than enough evidence to show that the appellant committed a substantial offense specified in the indictment. Dotson v. State, Ala.Cr.App., 337 So.2d 83 (1976). We must answer the appellant's erroneous contention that a fatal variance exists because intent to use the credit cards was not proven.