Webb v. State

Ex parte State of Alabama ex rel. Attorney General. (Re James Hamby WEBB v. STATE of Alabama).

Supreme Court of Alabama

Decided December 21, 1979.

Supreme Court of Alabama · decided 1979-12-21

Relies on 374 So. 2d 921 - Commander v. State · 348 So. 2d 269 - Elmore v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1979-12-21

How this case has been cited

Cited by 6 later decisions — most recently December 2003

6 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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¶1Charles A. Graddick, Atty. Gen., Sarah Kathryn Farnell, Asst. Atty. Gen., for petitioner.

¶2Don R. White, Moulton, for respondent.

¶3SHORES, Justice.

¶4Writ denied.

¶5TORBERT, C. J., and JONES and BEATTY, JJ., concur.

¶6MADDOX, J., concurs specially.

¶7MADDOX, Justice (concurring specially).

¶8I concur in the result. On two previous occasions, I have expressed, in dissenting opinions, my view that this Court should take judicial notice of the rules and regulations of the State Board of Health. Commander v. State, Ala., 374 So.2d 921 (1979); Elmore v. State, Ala., 348 So.2d 269 (1977).

¶9 *759 A majority of the Court, however, has refused to follow my view. Although I am still not convinced that the majority view is sound, I must recognize that it is the current majority view, and I cannot find fault with the Court of Criminal Appeals for following the majority view, because that court is required to follow the decisions of this Court.