Ex Parte State

Supreme Court of Alabama

Decided March 22, 1985

Supreme Court of Alabama · decided 1985-03-22

Relies on 361 So. 2d 1106 - Chavers v. State · 30 Ala. App. 214 - Gilbert v. State · 402 So. 2d 1078 - Craft v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1985-03-22

How this case has been cited

Cited by 9 later decisions — most recently February 2000

9 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

¶2We should not be understood as approving the following statement of the Court of Criminal Appeals, 495 So.2d 701:

¶3 "It is the State's burden to show beyond all reasonable doubt, and to the exclusion of every other reasonable hypothesis, every circumstance necessary to show that appellant is guilty. Gilbert v. State, 30 Ala. App. 214, 3 So.2d 95 (1941)." (Emphasis added.)

¶4The expression "all reasonable doubt" has been rejected in favor of the conventional "a reasonable doubt," as the proper standard to be applied. Chavers v. State, 361 So.2d 1106 (Ala. 1978); Craft v. State, 402 So.2d 1078 (Ala.Crim.App. 1981). However, the Court of Criminal Appeals' misstatement of the law in this respect in no way affects the decision reached in the case. Therefore, the writ is denied.

¶5WRIT DENIED.

¶6TORBERT, C.J., and MADDOX, JONES and BEATTY, JJ., concur.