Fletcher v. State

5 Citing cases

  1. Allen v. State

    462 So. 2d 1031 (Ala. Crim. App. 1985)   Cited 8 times
    In Allen v. State, 462 So.2d 1031, 1035 (Ala.Cr.App. 1984), this Court found "no impropriety in the State's exhortation not to 'let... the architect of [the murder] walk.' This comment was nothing more than an appeal for law enforcement, see Fletcher v. State, 52 Ala. App. 303, 307, 291 So.2d 757, 760 (1973)."

    We find no impropriety in the State's exhortation not to "let . . . the architect of [the murder] walk." This comment was nothing more than an appeal for law enforcement, see Fletcher v. State, 52 Ala. App. 303, 307, 291 So.2d 757, 760 (1973). The prosecutor's reference to "a full cup of justice", while an obvious allusion to Stringer's conviction, was not improper because Stringer's conviction for murder was a matter of evidence in the defendant's trial.

  2. Bailey v. State

    625 So. 2d 1182 (Ala. Crim. App. 1993)   Cited 3 times

    Hurt v. State, 361 So.2d 1163, 1166 (Ala.Cr.App. 1978). In Allen v. State, 462 So.2d 1031, 1035 (Ala.Cr.App. 1984), this Court found "no impropriety in the State's exhortation not to 'let . . . the architect of [the murder] walk.' This comment was nothing more than an appeal for law enforcement, see Fletcher v. State, 52 Ala. App. 303, 307, 291 So.2d 757, 760 (1973)." In this case, the prosecutor's comment did not imply that the appellant would commit other illegal acts in the future and was a legitimate appeal to strict enforcement of the law.

  3. Bennett v. State

    410 So. 2d 138 (Ala. Crim. App. 1981)   Cited 4 times

    We therefore remand this cause to the circuit court for a hearing to determine that issue. Seibold v. State, 287 Ala. 549, 253 So.2d 302 (1970); see Allums v. State, Ala.Cr.App., 368 So.2d 313 (1979); Fletcher v. State, 52 Ala. App. 303, 291 So.2d 757 (1973). We direct the trial court to conduct a hearing with the appellant and his counsel present, to determine what the circumstances were surrounding the appellant's waiver of his preliminary hearing, whether counsel, who had been previously appointed, had advised him to waive, and whether he was prejudiced by the lack of a preliminary hearing.

  4. Allums v. State

    368 So. 2d 313 (Ala. Crim. App. 1979)   Cited 8 times

    We conclude that the waiver of a preliminary hearing was a nullity. Fletcher v. State, 52 Ala. App. 303, 291 So.2d 757 (1). Appellant's motion to quash the indictment because he was not represented by counsel when he undertook to waive a preliminary hearing is without merit.

  5. Cole v. State

    337 So. 2d 40 (Ala. Crim. App. 1976)   Cited 11 times

    As to the second remark the trial judge sustained appellant's objection and charged the jury to disregard that portion of the District Attorney's argument. No error intervened here. See Embrey v. State, 283 Ala. 110, 214 So.2d 567; Fletcher v. State, 52 Ala. App. 303, 291 So.2d 757; Hawes v. State, 48 Ala. App. 565, 266 So.2d 652. Finally appellant urges this Court to hold that the trial court was in error in not accepting his written plea of guilty to murder in the second degree and he relies on Title 15, Section 277, Code of Alabama 1940, as last amended.