Wilkins v. State

16 Citing cases

  1. Brasher v. State

    33 Ala. App. 13 (Ala. Crim. App. 1946)   Cited 16 times

    McGuff v. State, 88 Ala. 147, 7 So. 35, 16 Am.St.Rep. 25. Evidence of similar assault committed by defendant on another little girl was clearly admissible to prove defendant's moral degeneracy and sex perversion, for purpose of identifying defendant as the sexual pervert who committed the crime charged in the indictment. Barnett v. State, 104 Ohio St. 298, 135 N.E. 647, 27 A.L.R. 351; Daniels v. State, 243 Ala. 675, 11 So.2d 756; Robinson v. State, 243 Ala. 684, 11 So.2d 732; Johnson v. State, 242 Ala. 278, 5 So.2d 632; Wilkinson v. State, 29 Ala. App. 349, 197 So. 75; Id., 240 Ala. 52, 197 So. 81; Lee v. State, 31 Ala. App. 91, 13 So.2d 583; Id., 244 Ala. 401, 13 So.2d 590. HARWOOD, Judge.

  2. Ter. v. Awana

    28 Haw. 546 (Haw. 1925)   Cited 14 times
    In Awana, the defendant was indicted for the crime of embezzlement under the general statute [R.L. 1925, § 4191] defining the offense.

    In the absence of limitation to the contrary it has been held generally to be proper in criminal cases for the court to charge the jury that in weighing the evidence of the defendant the jury might take into consideration the interest of the defendant in the outcome of the case. ( People v. Cronin, 34 Cal. 191, 204 (finally disapproved in People v. Maughs, 86 Pac. (Cal.) 187); Wilkins v. State, 13 So. (Ala.) 312; Prior v. Territory, 89 Pac. (Ariz.) 412; Halderman v. Territory, 60 Pac. (Ariz.

  3. Summers v. State

    33 Ala. App. 358 (Ala. Crim. App. 1948)   Cited 8 times

    Kennedy v. State, 85 Ala. 326, 5 So. 300. Proof of the offense against the other woman was admissible as an exception to the general rule. Brasher v. State, 249 Ala. 96, 30 So.2d 31; Wilkins v. State, 29 Ala. App. 349, 197 So. 75; Id., 240 Ala. 52, 197 So. 81; Lee v. State, 31 Ala. App. 91, 13 So.2d 583; Johnson v. State, 242 Ala. 278, 5 So.2d 632; Wharton's Cr.Evi. § 31; 2 Wigmore on Evi. 3d Ed. 192; People v. Cosby, 137 Cal.App. 332, 31 P.2d 218. All acts transpiring during the period these parties were together constituted a part of one transaction, and were admissible as a part of the res gestae of the offense charged.

  4. Fikes v. State

    263 Ala. 89 (Ala. 1955)   Cited 72 times
    In Fikes v. State, 263 Ala. 89, 81 So.2d 303, it was held that the evidence at a hearing on a motion to quash did not support a finding that Negroes were systematically omitted from the jury roll.

    In appropriate cases evidence of other similar offenses is admissible when possessing probative value relative to intent, motive, identity, or to show a plan or scheme. Bryant v. State, 33 Ala. App. 346, 33 So.2d 402; Whitley v. State, 37 Ala. App. 107, 64 So.2d 135; Wilkins v. State, 29 Ala. App. 349, 197 So. 75; Id., 240 Ala. 52, 197 So. 81; Robinson v. State, 243 Ala. 684, 11 So.2d 732; Daniels v. State, 243 Ala. 675, 11 So.2d 756; Brasher v. State, 249 Ala. 96, 30 So.2d 31. PER CURIAM.

  5. Lee v. State

    246 Ala. 69 (Ala. 1944)   Cited 64 times
    In Lee v. State, 246 Ala. 69, 18 So.2d 706 (1944), a case in which the defendant was prosecuted for carnal knowledge or abuse in an attempt to carnally know his daughter, the Court held that evidence of similar acts committed against his other three daughters was admissible.

    Ruby's testimony was to the same general effect concerning her relations with her father, and, further, that on many occasions he forced her to have actual sexual intercourse with him. Recent discussion of the rule governing the admissibility of evidence of other similar acts and crimes as the one upon which the prosecution is based, as bearing upon the motive, intent, scienter, identity, etc., is found in the cases of Wilkins v. State, 29 Ala. App. 349, 197 So. 75, certiorari denied 240 Ala. 52, 197 So. 81; Henry Daniel, Jr. v. State, 243 Ala. 675, 11 So.2d 756; Curtis Robinson v. State, 243 Ala. 684, 11 So.2d 732; Johnson v. State, 242 Ala. 278, 5 So.2d 632; Jackson v. State, 229 Ala. 48, 155 So. 581. Under the rules enunciated in the cases cited, and under the rules announced by the authorities generally, the above testimony of appellant's three daughters was admissible.

  6. Mitchell v. State

    84 So. 3d 968 (Ala. Crim. App. 2010)   Cited 40 times   1 Legal Analyses
    Finding no plain error in prosecutor's argument comparing the victim's rights to Mitchell's rights during the guilt-phase closing argument

    " ‘ Nelson v. State, 511 So.2d 225, 233 (Ala.Cr.App.1986). See also Twilley v. State, 472 So.2d 1130 (Ala.Cr.App.1985); Brewer v. State, [440 So.2d 1155 (Ala.Cr.App.), cert. denied, 440 So.2d 1155 (1983) ]; Miller v. State, 405 So.2d 41 (Ala.Cr.App.1981); Thompson v. State, 374 So.2d 377 (Ala.Cr.App.1978), aff'd, 374 So.2d 388 (Ala.1979); McMurtrey v. State, 37 Ala.App. 656, 74 So.2d 528 (1954); Wilkins v. State, 29 Ala.App. 349, 197 So. 75, cert. denied, 240 Ala. 52, 197 So. 81 (1940); McElroy's §§ 69.01(1)-(11); Schroeder, Evidentiary Use in Criminal Cases of Collateral Crimes and Acts: A Comparison of the Federal Rules and Alabama Law, 35 Ala. L.Rev. 241 (1984). All of the exceptions relate to the relevancy of the evidence, which means that evidence of separate and distinct crimes is admissible only when the evidence is relevant to the crime charged.

  7. Moody v. State

    888 So. 2d 532 (Ala. Crim. App. 2003)   Cited 39 times
    Holding that Moody's “obstructionist” behavior constituted a waiver of his Sixth Amendment right to counsel and that the circuit court did not err when it denied Moody's request for a continuance so that he could secure the services of an attorney

    "' Nelson v. State, 511 So.2d 225, 233 (Ala.Cr.App. 1986). See also Twilley v. State, 472 So.2d 1130 (Ala.Cr.App. 1985); Brewer v. State, [ 440 So.2d 1155 (Ala.Cr.App.), cert. denied, 440 So.2d 1155 (1983)]; Miller v. State, 405 So.2d 41 (Ala.Cr.App. 1981); Thompson v. State, 374 So.2d 377 (Ala.Cr.App. 1978), aff'd, 374 So.2d 388 (Ala. 1979); McMurtrey v. State, 37 Ala.App. 656, 74 So.2d 528 (1954); Wilkins v. State, 29 Ala.App. 349, 197 So. 75, cert. denied, 240 Ala. 52, 197 So. 81 (1940); McElroy's §§ 69.01(1)-(11); Schroeder, Evidentiary Use in Criminal Cases of Collateral Crimes and Acts: A Comparison of the Federal Rules and Alabama Law, 35 Ala.L.Rev. 241 (1984). All of the exceptions relate to the relevancy of the evidence, which means that evidence of separate and distinct crimes is admissible only when the evidence is relevant to the crime charged.

  8. Gamble v. State

    791 So. 2d 409 (Ala. Crim. App. 2001)   Cited 76 times
    Describing State's motion to amend trial court order to request out-patient examination, which could be scheduled “almost immediately,” because inpatient examination would have required several months delay

    "Nelson v. State, 511 So.2d 225, 233 (Ala.Cr.App. 1986). See also Twilley v. State, 472 So.2d 1130 (Ala.Cr.App. 1985); Brewer v. State, [ 440 So.2d 1155 (Ala.Cr.App.), cert. denied, 440 So.2d 1155 (1983)]; Miller v. State, 405 So.2d 41 (Ala.Cr.App. 1981); Thompson v. State, 374 So.2d 377 (Ala.Cr.App. 1978), aff'd, 374 So.2d 388 (Ala. 1979); McMurtrey v. State, 37 Ala. App. 656, 74 So.2d 528 (1954); Wilkins v. State, 29 Ala. App. 349, 197 So. 75, cert. denied, 240 Ala. 52, 197 So. 81 (1940); McElroy's §§ 69.01(1)-(11); Schroeder, Evidentiary Use in Criminal Cases of Collateral Crimes and Acts: A Comparison of the Federal Rules and Alabama Law, 35 Ala.L.Rev. 241 (1984).

  9. Perkins v. State

    808 So. 2d 1041 (Ala. Crim. App. 1999)   Cited 129 times
    Concluding that use of MMPI did not violate Fifth Amendment rights of defendant who put mental health at issue

    "Nelson v. State, 511 So.2d 225, 233 (Ala.Cr.App. 1986). See also Twilley v. State, 472 So.2d 1130 (Ala.Cr.App. 1985); Brewer v. State, [ 440 So.2d 1155 (Ala.Cr.App.), cert. denied, 440 So.2d 1155 (1983)]; Miller v. State, 405 So.2d 41 (Ala.Cr.App. 1981); Thompson v. State, 374 So.2d 377 (Ala.Cr.App. 1978), aff'd, 374 So.2d 388 (Ala. 1979); McMurtrey v. State, 37 Ala. App. 656, 74 So.2d 528 (1954); Wilkins v. State, 29 Ala. App. 349, 197 So. 75, cert. denied, 240 Ala. 52, 197 So. 81 (1940); [Charles W. Gamble,] McElroy's [Alabama Evidence] §§ 69.01(1)-(11) [(3d Ed. 1977)]; Schroeder, Evidentiary Use in Criminal Cases of Collateral Crimes and Acts: A Comparison of the Federal Rules and Alabama Law, 35 Ala.L.Rev. 241 (1984). All of the exceptions relate to the relevancy of the evidence, which means that evidence of separate and distinct crimes is admissible only when the evidence is relevant to the crime charged.

  10. Presley v. State

    770 So. 2d 104 (Ala. Crim. App. 1999)   Cited 15 times
    In Presley v. State, 770 So.2d 104, 109 (Ala.Crim.App.1999), the defendant was convicted of murder made capital because it was committed during an armed robbery of a convenience store.

    "Nelson v. State, 511 So.2d 225, 233 (Ala.Cr.App. 1986). See also Twilley v. State, 472 So.2d 1130 (Ala.Cr.App. 1985); Brewer v. State, [ 440 So.2d 1155 (Ala.Cr.App.), cert. denied, 440 So.2d 1155 (1983)]; Miller v. State, 405 So.2d 41 (Ala.Cr.App. 1981); Thompson v. State, 374 So.2d 377 (Ala.Cr.App. 1978), aff'd, 374 So.2d 388 (Ala. 1979); McMurtrey v. State, 37 Ala. App. 656, 74 So.2d 528 (1954); Wilkins v. State, 29 Ala. App. 349, 197 So. 75, cert. denied, 240 Ala. 52, 197 So. 81 (1940); McElroy's §§ 69.01(1)-(11); Schroeder, Evidentiary Use in Criminal Cases of Collateral Crimes and Acts: A Comparison of the Federal Rules and Alabama Law, 35 Ala.L.Rev. 241 (1984).