Ex Parte Smith

Supreme Court of Alabama

Decided January 22, 1982

Supreme Court of Alabama · decided 1982-01-22

Relies on 409 So. 2d 927 - Smith v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1982-01-22

How this case has been cited

Cited by 15 later decisions — most recently February 2011

15 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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¶1

¶2While we agree with the decision of the Court of Criminal Appeals, 409 So.2d 927, we feel it is necessary to comment on one aspect of its opinion. That court, after setting forth the applicable Code sections, stated that "[b]oth Section 13-3-90 and Section 38-4-7 were repealed by the new Criminal Code, effective January 1, 1980." Defendant, however, was not indicted until November 16, 1980, and the Court of Criminal Appeals does not state at what time the crime was committed. Since this issue has not been raised, this Court assumes that the crime in question occurred before January 1, 1980, at which time the aforementioned statutes were repealed.

¶3WRIT DENIED.

¶4MADDOX, JONES, SHORES and BEATTY, JJ., concur.