James v. State (1981)
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· 54 citation events
across 5 courts.
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United States v. Tre Tate (2021)
And some state statutes similarly indicated that the prosecution could establish a “prima facie” case that the defendant was actually armed by using evidence of “any verbal or other representation by the defendant that he is then and there so armed[.]” Ala. Stat. § 13A-8-41(b) (1977); Stewart v. State, 443 So. 2d 1362, 1364 (Ala. Crim. App. 1983); James v. State, 405 So. 2d 71, 73 (Ala. Crim. App. 1981).
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Ex parte Willie Conner. (2014)
Indeed, in order to be convicted of first degree robbery an accused need not even be armed with a deadly weapon or dangerous instrument where (1) he possesses any object reasonably believed to be a deadly weapon or dangerous instrument or represents in some manner that he has one and (2) there is no evidence to rebut or refute this reasonable belief or representation.” James, 405 So.2d at 73 (emphasis added).
emphasis added
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Conner v. State (2016)
In James , the Court of Criminal Appeals held: “[I]n order to be convicted of first degree robbery an accused need not even be armed with a deadly or dangerous instrument where (1) he possesses any object reasonably believed to be a deadly weapon or dangerous instrument or represents in some manner that he has one and (2) there is no evidence to rebut or refute this reasonable belief or representation.” 405 So.2d at 73 (emphasis added). 2 Conner also claims that Conner III c…
emphasis added
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State v. Aleksiewicz (1990)
In James v. State, 405 So. 2d 71, 72 (Ala. Crim.
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Alexander v. State (1984)
Regardless of this well known rule, appellant's contention is without merit, being foreclosed by James v. State, 405 So.2d 71, 74 (Ala.Crim.App.1981), wherein we held that "the Habitual Felony Offender Act was to authorize the infliction of a more severe penalty on one who is a persistent offender regardless of when the prior convictions occurred and even if they occurred before the enactment of the act." The transcript of the proceeding wherein appellant entered his guilty …
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Clackler v. State (1991)
See also James v. State, 405 So.2d 71, 74 (Ala.Cr.App.1981).” Lidge v. State, 419 So.2d at 614.
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Bush v. State (1991)
See James v. State, 405 So.2d 71 (Ala.Crim.App.1981).
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State v. Hopson (1984)
See, e.g., James v. State, 405 So. 2d 71 (Ala. Crim.
defendant’s verbal or physical representation that he or she is armed is prima facie evidence of weapon
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Lidge v. State (1982)
See also James v. State , 405 So.2d 71 , 74 (Ala.Cr.App. 1981).