Miggins v. State

2 Citing cases

  1. Allison v. State

    200 So. 2d 653 (Ala. 1967)   Cited 16 times

    MacDonald Gallion, Atty. Gen., and John C. Tyson, III, Asst. Atty. Gen. for the State. Where as here, the alleged confession of the appellant has been previously determined to be voluntary, then such issue may not be reiterated for a second time even on a belated appeal. Supreme Court Rule 50, 279 Ala. XLIII; Isbell v. State, 277 Ala. 256, 169 So.2d 20. The mere fact that the appellant was not offered counsel prior to giving either an oral or written confession will not void the confession or subsequent trial in which the confession was used where such proceedings took place in the year 1960. Johnson v. State of New Jersey, 384 U.S. 719, 86 S.Ct. 1772, 16 L.Ed.2d 882; Miggins v. State, 43 Ala. App. 503, 193 So.2d 156; Harris v. State, 280 Ala. 468, 195 So.2d 521. HARWOOD, Justice.

  2. Smith v. State

    203 So. 2d 279 (Ala. Crim. App. 1967)   Cited 2 times

    Evans v. State, 62 Ala. 6; Stephens v. State, 250 Ala. 123, 33 So.2d 245; Levert v. State, 252 Ala. 308, 42 So.2d 532; Elmore v. State, 25 Ala. App. 326, 146 So. 824; Id. 226 Ala. 327, 146 So. 826; Wood v. State, 37 Ala. App. 673, 75 So.2d 489, Id. 261 Ala. 701, 75 So.2d 492; Holifield v. State, 42 Ala. App. 209, 159 So.2d 65; Id. 276 Ala. 705, 159 So.2d 70. Where as here the accused is advised of his right to counsel and of his right to remain silent and further that any statement made may be used in evidence against him at trial, and any statements made after the accused was so advised and having been shown to be voluntary, are properly admitted in evidence particularly in rebuttal where the accused has taken the stand. Escobedo v. State of Ill., 378 U.S. 478, 84 S.Ct. 1758, 12 L.Ed.2d 977; Miranda v. State of Arizona, 384 U.S. 436, 86 S.Ct. 1602, 16 L.Ed.2d 694; Miggins v. State, 43 Ala. App. 503, 193 So.2d 156. Where substantially the same charges are given in the requested charges, or the court's oral charge, there is no error in the refusal of the court to give charges of like effect or in varying phraseology. Code 1940, Tit. 7, ยง 273.