McDonald v. State

6 Citing cases

  1. 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

    See also C. Gamble, McElroy's Alabama Evidence, § 254.01(3) (3d ed.1977).” ’ “McDonald v. State, 586 So.2d 259, 262 (Ala.Cr.App.1991) (quoting Ex parte Frith, 526 So.2d 880 (Ala.1987)).”

  2. Craft v. State

    90 So. 3d 197 (Ala. Crim. App. 2012)   Cited 11 times
    Holding that a "traditional business record" that was "not [prepared] specifically for the purpose of proving a fact at a criminal trial" was "nontestimonial evidence" and that its admission therefore did not violate the defendant’s right to confrontation

    See also C. Gamble, McElroy's Alabama Evidence, § 254.01(3) (3d ed.1977).” ’ “McDonald v. State, 586 So.2d 259, 262 (Ala.Cr.App.1991) (quoting Ex parte Frith, 526 So.2d 880 (Ala.1987)).”

  3. Johnson v. State

    No. CR-99-1349 (Ala. Crim. App. Oct. 2, 2009)

    See also C. Gamble, McElroy's Alabama Evidence, § 254.01 (3) (3d ed. 1977)."' "McDonald v. State, 586 So. 2d 259, 262 (Ala.Cr.App. 1991) (quoting Ex parte Frith, 526 So. 2d 880 (Ala. 1987))." Mester v. State, 755 So. 2d 66, 72-73 n. 3 (Ala. Crim. App. 1999)

  4. Mester v. State

    755 So. 2d 66 (Ala. Crim. App. 1999)   Cited 13 times
    In Mester, the Court of Criminal Appeals appears to have based its decision on the key fact that the officer testified that Mester was steering the vehicle when he was pulled over. Although the testimony is disputed, we can certainly conclude that even if the car was not in motion at the time the deputy sheriff stopped Mester, the officer had seen it moving from its previous position at the gasoline station, where the defendant says it had stalled, onto a highway.

    See also C. Gamble, McElroy's Alabama Evidence, § 254.01(3) (3d ed. 1977).'"McDonald v. State, 586 So.2d 259, 262 (Ala.Cr.App. 1991) (quotingEx parte Frith, 526 So.2d 880 (Ala. 1987)). Absent proper certification, the logsheets were not admissible as self-authenticating documents.

  5. Fillmore v. State

    668 So. 2d 141 (Ala. Crim. App. 1995)   Cited 1 times

    The state presented sufficient evidence that the appellant was driving under the influence of alcohol and that he failed to stop for a stop sign, causing Bamberg's death. "Where there is legal evidence from which the factfinder may, by fair inference, find the accused guilty, this court will not overturn the verdict." McDonald v. State, 586 So.2d 259, 261 (Ala.Cr.App. 1991). The evidence presented by the state was sufficient for the jury to find the appellant guilty of homicide by vehicle.

  6. Rowe v. State

    662 So. 2d 1227 (Ala. Crim. App. 1995)   Cited 11 times

    The state presented sufficient evidence from which the jury could find the appellant guilty. "Where there is legal evidence from which the factfinder may, by fair inference, find the accused guilty, this court will not overturn the verdict." McDonald v. State, 586 So.2d 259, 261 (Ala.Cr.App. 1991). We will not substitute our judgment for that of the jury.