Arnold v. State

Court of Criminal Appeals of Alabama

Decided December 20, 1977

Court of Criminal Appeals of Alabama · decided 1977-12-20

Cited by 1 later decisions — most recently September 1994

1 state decisions

Relies on 353 So. 2d 524 - Arnold v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1977-12-20

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¶1ON REHEARING

PER CURIAM.

¶2The order, judgment and opinion entered by the Court of Criminal Appeals on October 25, 1977, are hereby set aside.

¶3The Supreme Court of Alabama in Ex parte State, In re Arnold v. State, 353 So.2d 524, September 16, 1977, determined that the admission of the telephone conversation into evidence between the appellant and the alleged accomplice was not error.

¶4However, this same opinion did determine that the admission into evidence of the act of driving the automobile was erroneous, and this cause is hereby reversed and remanded on authority of Ex parte State, In re Arnold v. State, supra.

¶5Application for rehearing overruled.

¶6REVERSED AND REMANDED.

All the Judges concur.