Morrow v. State

24 Citing cases

  1. Brantley v. State

    294 Ala. 344 (Ala. 1975)   Cited 39 times
    In Brantley the Supreme Court of Alabama held that evidence of LSD and cocaine was relevant on the issue of whether the accused possessed marijuana for personal use and that the evidence showed the "complete story."

    Mason v. State, 259 Ala. 438, 66 So.2d 557; Grant v. State, 250 Ala. 164, 33 So.2d 466; Lowe v. State, 48 Ala. App. 740, 267 So.2d 529. Articles found at the scene of the crime which are properly identified and which tend to elucidate some matter in issue are admissible in evidence for inspection and observation by the jury. Morrow v. State, 52 Ala. App. 145, 290 So.2d 209. Evidence of distinct, criminal acts other than the act charged, is admissible to show motive, intent, scienter or identity. Garner v. State, 269 Ala. 531, 114 So.2d 385; Boggs v. State, 268 Ala. 358, 106 So.2d 263. No judgment may be reversed on the ground of improper admission of evidence unless it appears that the error has probably injuriously affected the substantial rights of accused.

  2. Smith v. State

    326 So. 2d 692 (Ala. Crim. App. 1975)   Cited 5 times

    After the case is submitted to the jury, it is error to allow, in a criminal prosecution, the reading of the entire testimony of a defense alibi witness over timely objection of the defendant. Adams v. State, 46 Ala. App. 402, 243 So.2d 386 (1971); Morrow v. State, 52 Ala. App. 45, 290 So.2d 209, writ denied, 292 Ala. 743, 290 So.2d 313, cert. denied, 419 U.S. 853, 95 S.Ct. 97, 42 L.Ed.2d 85 (1973); Jenkins v. State, 51 Ala. App. 521, 287 So.2d 233 (1973); Vandiver v. State, 37 Ala. App. 526, 73 So.2d 566, cert. denied, 261 Ala. 700, 73 So.2d 572 (1953); Hull v. State, 232 Ala. 281, 167 So. 553 (1936); Johnson v. State, 3 Ala. App. 281, 57 So. 64 (1936); Autry v. State, 34 Ala. App. 225, 38 So.2d 348 (1949). William J. Baxley, Atty. Gen., and William A. Davis, 111, Asst. Atty. Gen., for the State.

  3. Thomas v. Jones

    891 F.2d 1500 (11th Cir. 1990)   Cited 17 times
    Holding that "counsel for defendant did not err in failing to object to [] admissible evidence"

    Consequently, we will accord deference to the state trial judge's order denying Thomas' motion to exclude the evidence of sexual abuse, and to the trial court's holding in the coram nobis proceeding that the pubic hair and semen stain were admissible as part of the crime scene. (Folder No. 4, Vol. 1 at 75-76); see also Morrow v. State, 52 Ala. App. 145, 290 So.2d 209 (Ala.Crim.App. 1973) (evidence which is part of res gestae admissible), cert. denied, 292 Ala. 743, 290 So.2d 213 (Ala.), cert. denied, 419 U.S. 853, 95 S.Ct. 97, 42 L.Ed.2d 85 (1974); Lackey v. State, 41 Ala. App. 46, 123 So.2d 186 (Ala.Crim.App.) (articles found at the scene of a crime which show the manner in which it was committed admissible), cert. denied, 271 Ala. 699, 123 So.2d 191 (Ala. 1960). Furthermore, after reviewing Alabama law, we believe that the evidence and statements regarding abuse of the victim were also admissible to show Thomas' motive and intent to kill Quenette Shehane. See Garner v. State, 269 Ala. 531, 114 So.2d 385 (Ala. 1959); Harris v. State, 489 So.2d 688 (Ala.Crim.App.), cert. denied, 489 So.2d 688 (Ala. 1986); Akers v. State, 399 So.2d 929, 931 (Ala.Crim.App. 1981); Thigpen v. State, 50 Ala. App. 176, 277 So.2d 922 (Ala.Crim.App. 1973). It follows that counsel for defendant did not err in failing to object to such admissable evidence.

  4. Morrow v. State

    292 Ala. 743 (Ala. 1974)   Cited 5 times

    HEFLIN, Chief Justice. Petition of Jackie Howard Morrow for Certiorari to the Court of Criminal Appeals to review and revise the judgment and decision of that Court in Morrow v. State, 52 Ala. App. 145, 290 So.2d 209. Writ denied.

  5. Dority v. State

    586 So. 2d 973 (Ala. Crim. App. 1991)   Cited 7 times
    In Dority v. State, 586 So.2d 973 (Ala. Crim.App. 1991), this Court addressed a claim that the trial court erred in admitting cocaine into evidence because the circuit clerk did not testify as a chain-of-custody witness regarding the cocaine, which had been introduced into the codefendant's trials and which had been secured in the clerk's office since the trials.

    The evidence was relevant to the charge of trafficking in cocaine as part of the same transaction and therefore part of the res gestae. Durden v. State, 394 So.2d 967 (Ala.Crim.App. 1980), cert. quashed, 394 So.2d 977 (Ala. 1981); Morrow v. State, 52 Ala. App. 145, 290 So.2d 209 (1973), cert. denied, 292 Ala. 743, 290 So.2d 213, cert. denied, 419 U.S. 853, 95 S.Ct. 97, 42 L.Ed.2d 85 (1974). IV

  6. Morrison v. State

    500 So. 2d 36 (Ala. Crim. App. 1985)   Cited 84 times
    Noting that, " ‘if the conditions were dissimilar in an essential particular, the evidence should be rejected’ " (quoting Neelley v. State, 261 Ala. 290, 292, 74 So. 2d 436, 438 (1954) )

    Where a requested charge is fully and substantially covered elsewhere in the court's oral charge, it is properly refused. Barnes v. State, 361 So.2d 390 (Ala.Cr.App.), cert. denied, 361 So.2d 396 (Ala. 1978); Morrow v. State, 52 Ala. App. 145, 290 So.2d 209 (1973), cert. denied, 292 Ala. 743, 290 So.2d 213 (1974), cert. denied, Morrow v. Alabama, 419 U.S. 853, 95 S.Ct. 97, 42 L.Ed.2d 85 (1974). The second sentence of the proposed charge, which calls for each juror to "put in writing whether the statutory aggravating circumstances alleged by the prosecution exist or do not exist" and to sign such writing, is an incorrect statement of the law.

  7. Beasley v. State

    408 So. 2d 173 (Ala. Crim. App. 1981)   Cited 23 times

    The general rule is that articles which are properly identified and which tend to show the commission of the crime or the manner in which it was committed or elucidate some matter in issue are admissible in evidence for inspection and observation by the jury. Morrow v. State, 52 Ala. App. 145, 290 So.2d 209, cert. denied, 292 Ala. 743, 290 So.2d 213, cert. denied, 419 U.S. 853, 95 S.Ct. 97, 42 L.Ed.2d 85 (1973). The determination of the relevancy vel non of particular evidence rests largely in the sound discretion of the trial judge.

  8. Durden v. State

    394 So. 2d 967 (Ala. Crim. App. 1980)   Cited 35 times

    There is no merit in this argument. In Morrow v. State, 52 Ala. App. 145, 290 So.2d 209, cert. denied, 292 Ala. 743, 290 So.2d 213 (1974), this Court allowed the State to introduce a bag containing both marijuana and LSD, despite the fact that the appellant there was on trial only for possession of LSD: "Even though the Marihuana is evidence of another distinct criminal act, it was admissible as relevant to the crime charged as being part of the same transaction, and therefore part of the res gestae.

  9. Green v. State

    384 So. 2d 1215 (Ala. Crim. App. 1980)   Cited 9 times

    The appellant also challenges the admission into evidence of the aluminum packets containing Cocaine, and the wax paper packet containing Phencyclidine, inasmuch as these items would constitute evidence of separate offenses and should not have been included in the same indictment and admitted into evidence at the same trial with the Marijuana. This argument overlooks that line of Alabama cases which have determined that, where one or more controlled substances are contained within the same bag or pouch, such are relevant evidence as being part of the same transaction, Morrow v. State, 52 Ala. App. 145, 290 So.2d 209, cert. denied, 292 Ala. 743, 290 So.2d 213 (1973), and authorities therein cited, and, moreover, such items are properly admitted as showing the "complete story" as to the various drugs and paraphernalia found at the home. Brantley v. State, 294 Ala. 344, 317 So.2d 345 (1975), and authorities cited.

  10. Kennedy v. State

    373 So. 2d 1274 (Ala. Crim. App. 1979)   Cited 9 times

    We find that such of the refused charges which amounted to correct statements of the law under the evidence were substantially and fairly covered in either the trial court's oral charge or in charges given at the request of the appellant. Section 12-16-13, Code of Ala. 1975; Morrow v. State, 52 Ala. App. 145, 290 So.2d 209 (1973), cert. denied, 292 Ala. 743, 290 So.2d 213. AFFIRMED.