conviction violation in Alabama

30 Alabama opinions name it 3 courts 1910–2025 1 in the last five years

The cases below were cited by Alabama courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (6)

Case	Followed	Cited
White Consol. Ind. v. American Libertygreen ala · 1993 · cited in 2 Alabama opinions naming this issue, 1993–1993 2 sentences 1993Co., 617 So.2d 657, 659 (Ala. 1993).” The reversal of a conviction because defense counsel struck white veniremembers in a racially discriminatory manner would allow the appellant to benefit from his own voluntary conduct. 1993Co. , 617 So.2d 657 , 659 (Ala. 1993)." The reversal of a conviction because defense counsel struck white veniremembers in a racially discriminatory manner would allow the appellant to benefit from his own voluntary conduct.	1	2
Taylor v. Stategreen alacrimapp · 2000 · cited in 1 Alabama opinions naming this issue, 2025–2025 1 sentence 2025Furthermore, 11 CR-2023-0170 " ' "[t]he admission or exclusion of evidence is a matter within the sound discretion of the trial court." Taylor v. State, 808 So. 2d 1148, 1191 (Ala. Crim.	1	1
Ballenger v. Stategreen alacrimapp · 1998 · cited in 1 Alabama opinions naming this issue, 2011–2011 1 sentence 2011“With respect to the sufficiency-of-the-evidence claim, it is well settled that ‘ “[i]n determining the sufficiency of the evidence to sustain a conviction, a reviewing court must accept as true all evidence introduced by the State, accord the State all legitimate inferences therefrom, and consider all evidence in a light most favorable to the prosecution.” ’ Ballenger v. State, 720 So.2d 1033, 1034 (Ala.Crim.App.1998), quoting Faircloth v. State, 471 So.2d 485, 488 (Ala.Crim.	1	1
Faircloth v. Stategreen alacrimapp · 1984 · cited in 1 Alabama opinions naming this issue, 2011–2011 1 sentence 2011“With respect to the sufficiency-of-the-evidence claim, it is well settled that ‘ “[i]n determining the sufficiency of the evidence to sustain a conviction, a reviewing court must accept as true all evidence introduced by the State, accord the State all legitimate inferences therefrom, and consider all evidence in a light most favorable to the prosecution.” ’ Ballenger v. State, 720 So.2d 1033, 1034 (Ala.Crim.App.1998), quoting Faircloth v. State, 471 So.2d 485, 488 (Ala.Crim.	1	1
Ex Parte Chambersgreen ala · 1987 · cited in 1 Alabama opinions naming this issue, 1994–1994 1 sentence 1994See Ex parte Chambers , 522 So.2d 313 , 316 (Ala. 1987) ("[b]ecause the sentences applicable to drug offenses and repeat drug offenses are provided within the Controlled Substances Act, we hold that defendants convicted thereunder must be sentenced according to its provisions , not the sentencing provisions of Title 13A").	1	1
Howell v. City of Fort Paynegreen ala · 1945 · cited in 1 Alabama opinions naming this issue, 1957–1957 2 sentences 1957See also Howell v. City of Fort Payne, 246 Ala. 315 , 20 So.2d 880 . 1957See also Howell v. City of Fort Payne, 246 Ala. 315 , 20 So.2d 880 .	1	1

Distinguished, questioned or overruled (0)

Case	Negative	Cited
No negative-treatment citations attached to this issue in Alabama. Read the followed side critically anyway.

Also cited on this issue (38)

Case	Cited	Years
Darrington v. State neutral ala · 1909 2 sentences 1910That statute provides for a conviction of its violation under an indictment in the usual form. — Darrington v. State, 162 Ala. 60 , 50 South. 396 . 1910That statute provides for a conviction of its violation under an indictment in the usual form. — Darrington v. State, 162 Ala. 60 , 50 South. 396 .	3	1910–1911
Miller v. State green alactapp · 1958 2 sentences 1964Rungan v. State, 25 Ala.App. 287 , 145 So. 171 ; Miller v. State, 39 Ala.App. 584 , 105 So.2d 711 .” In Rungan v. State, 25 Ala.App. 287 , 145 So. 171 , Samford, J., said: “ * * * No witness had testified to any knowledge that the jug contained five gallons, * * * “Nor will the above testimony support the inference that the jug contained five gallons of prohibited liquor. 1964Rungan v. State, 25 Ala.App. 287 , 145 So. 171 ; Miller v. State, 39 Ala.App. 584 , 105 So.2d 711 .” In Rungan v. State, 25 Ala.App. 287 , 145 So. 171 , Samford, J., said: “ * * * No witness had testified to any knowledge that the jug contained five gallons, * * * “Nor will the above testimony support the inference that the jug contained five gallons of prohibited liquor.	2	1962–1964
Rungan v. State green alactapp · 1932 2 sentences 1964Rungan v. State, 25 Ala.App. 287 , 145 So. 171 ; Miller v. State, 39 Ala.App. 584 , 105 So.2d 711 .” In Rungan v. State, 25 Ala.App. 287 , 145 So. 171 , Samford, J., said: “ * * * No witness had testified to any knowledge that the jug contained five gallons, * * * “Nor will the above testimony support the inference that the jug contained five gallons of prohibited liquor. 1964Rungan v. State, 25 Ala.App. 287 , 145 So. 171 ; Miller v. State, 39 Ala.App. 584 , 105 So.2d 711 .” In Rungan v. State, 25 Ala.App. 287 , 145 So. 171 , Samford, J., said: “ * * * No witness had testified to any knowledge that the jug contained five gallons, * * * “Nor will the above testimony support the inference that the jug contained five gallons of prohibited liquor.	2	1962–1964
Gillman v. State neutral ala · 1910 2 sentences 1912In the case of Gillman v. State, 165 Ala. 135 , 51 South. 722 , the Supreme Court uses the following language: “Section 4008 of the Code, relating to the competency and credibility of witnesses as affected by conviction for crime, contemplates only conviction for violations of the state laws, and not conviction for violation of municipal ordinances.” In-this case we presume, as did the Supreme Court in the above case of Gillman y.: State,. that the-conviction referred to was a conviction of the violation, of an ordinance of the town of Florala, punishing the offense of vagrancy or keeping a. h 1912In the case of Gillman v. State, 165 Ala. 135 , 51 South. 722 , the Supreme Court uses the following language: “Section 4008 of the Code, relating to the competency and credibility of witnesses as affected by conviction for crime, contemplates only conviction for violations of the state laws, and not conviction for violation of municipal ordinances.” In-this case we presume, as did the Supreme Court in the above case of Gillman y.: State,. that the-conviction referred to was a conviction of the violation, of an ordinance of the town of Florala, punishing the offense of vagrancy or keeping a. h	2	1912–1934
State v. Lubotsky green wisctapp · 1988 2 sentences 1998We Page 258 agree with the analysis of the Wisconsin Court of Appeals in State v. Lubotsky , 148 Wis.2d 435 , 434 N.W.2d 859 (Wis.Ct.App. 1988), that to require the State to produce the photographs to obtain a conviction under Wisconsin statutes substantially similar to § 13A-12-196 or § 13A-12-197 would be adding an element to the offenses proscribed by the statutes. 1998We Page 258 agree with the analysis of the Wisconsin Court of Appeals in State v. Lubotsky , 148 Wis.2d 435 , 434 N.W.2d 859 (Wis.Ct.App. 1988), that to require the State to produce the photographs to obtain a conviction under Wisconsin statutes substantially similar to § 13A-12-196 or § 13A-12-197 would be adding an element to the offenses proscribed by the statutes.	1	1998–1998
Barber v. State neutral · 1907 2 sentences 1994Boutwell v. State , 279 Ala. 176 , 183 So.2d 774 (1966); Aldridge v. State , 278 Ala. 470 , 179 So.2d 51 (1965); Buford v. State , 214 Ala. 457 , 108 So. 74 (1926); Barber v. State , 151 Ala. 56 , 43 So. 808 (1907). 1994Boutwell v. State , 279 Ala. 176 , 183 So.2d 774 (1966); Aldridge v. State , 278 Ala. 470 , 179 So.2d 51 (1965); Buford v. State , 214 Ala. 457 , 108 So. 74 (1926); Barber v. State , 151 Ala. 56 , 43 So. 808 (1907).	1	1994–1994
Aldridge v. State green · 1965 2 sentences 1994Boutwell v. State , 279 Ala. 176 , 183 So.2d 774 (1966); Aldridge v. State , 278 Ala. 470 , 179 So.2d 51 (1965); Buford v. State , 214 Ala. 457 , 108 So. 74 (1926); Barber v. State , 151 Ala. 56 , 43 So. 808 (1907). 1994Boutwell v. State , 279 Ala. 176 , 183 So.2d 774 (1966); Aldridge v. State , 278 Ala. 470 , 179 So.2d 51 (1965); Buford v. State , 214 Ala. 457 , 108 So. 74 (1926); Barber v. State , 151 Ala. 56 , 43 So. 808 (1907).	1	1994–1994
Boutwell v. State neutral ala · 1966 2 sentences 1994Boutwell v. State , 279 Ala. 176 , 183 So.2d 774 (1966); Aldridge v. State , 278 Ala. 470 , 179 So.2d 51 (1965); Buford v. State , 214 Ala. 457 , 108 So. 74 (1926); Barber v. State , 151 Ala. 56 , 43 So. 808 (1907). 1994Boutwell v. State , 279 Ala. 176 , 183 So.2d 774 (1966); Aldridge v. State , 278 Ala. 470 , 179 So.2d 51 (1965); Buford v. State , 214 Ala. 457 , 108 So. 74 (1926); Barber v. State , 151 Ala. 56 , 43 So. 808 (1907).	1	1994–1994
Buford v. State neutral ala · 1926 2 sentences 1994Boutwell v. State , 279 Ala. 176 , 183 So.2d 774 (1966); Aldridge v. State , 278 Ala. 470 , 179 So.2d 51 (1965); Buford v. State , 214 Ala. 457 , 108 So. 74 (1926); Barber v. State , 151 Ala. 56 , 43 So. 808 (1907). 1994Boutwell v. State , 279 Ala. 176 , 183 So.2d 774 (1966); Aldridge v. State , 278 Ala. 470 , 179 So.2d 51 (1965); Buford v. State , 214 Ala. 457 , 108 So. 74 (1926); Barber v. State , 151 Ala. 56 , 43 So. 808 (1907).	1	1994–1994
Watson v. State green alacrimapp · 1980 1 sentence 1986II The appellant had not been sentenced for the conviction of violation of the Alabama Uniformed Controlled Substances Act at the time of his escape; he contends that the procedure was incomplete and so his custody was not "pursuant to a conviction." His escape occurred just after the jury verdict and the court's pronouncement of "guilty." In Watson v. State, 392 So.2d 1274 (Ala.Cr.App.1980), Judge DeCarlo stated on this issue: "In the present case, Alabama's Habitual Offender Act contains no requirement that a repeat offender must have served, partially or completely, his sentence for a prior	1	1986–1986
Simonetti v. City of Birmingham green alacrimapp · 1975 2 sentences 1981In a case strikingly similar on the facts, the Court of Criminal Appeals reversed a conviction for violation of the Sunday Blue Laws in Simonetti v. City of Birmingham, 55 Ala.App. 163 , 314 So.2d 83 (1975), holding that the unequal enforcement of the law offended the equal protection clause of the Constitution of the United States. 1981In a case strikingly similar on the facts, the Court of Criminal Appeals reversed a conviction for violation of the Sunday Blue Laws in Simonetti v. City of Birmingham, 55 Ala.App. 163 , 314 So.2d 83 (1975), holding that the unequal enforcement of the law offended the equal protection clause of the Constitution of the United States.	1	1981–1981
Seawright v. State neutral alacrimapp · 1974 2 sentences 1975In Seawright v. State, 52 Ala.App. 286 , 291 So.2d 376 , this court said: “Corroborative evidence necessary to justify admission of an accomplice’s testimony need not be strong or sufficient in and of itself to support a conviction but the only requirement is that it legitimately tends to connect the accused with the offense. 1975In Seawright v. State, 52 Ala.App. 286 , 291 So.2d 376 , this court said: “Corroborative evidence necessary to justify admission of an accomplice’s testimony need not be strong or sufficient in and of itself to support a conviction but the only requirement is that it legitimately tends to connect the accused with the offense.	1	1975–1975
Culbert v. State neutral alacrimapp · 1974 2 sentences 1974In this connection, it should be noted that in Isbell v. State, (July 30, 1974) Ala. App., an appeal by this same defendant from the same court of a conviction of a violation of the same law involved here, in which no brief was filed for appellant, the judgment of conviction and sentence was affirmed and in Culbert v. State, 52 Ala.App. 167 , 290 So.2d 235 , an appeal from the same court, this Court in writing to an affirmance, without the benefit of a brief for appellant, stated: “We note from the colloquy at the close of trial that the appellant was not an indigent within the meaning of Ande 1974In this connection, it should be noted that in Isbell v. State, (July 30, 1974) Ala. App., an appeal by this same defendant from the same court of a conviction of a violation of the same law involved here, in which no brief was filed for appellant, the judgment of conviction and sentence was affirmed and in Culbert v. State, 52 Ala.App. 167 , 290 So.2d 235 , an appeal from the same court, this Court in writing to an affirmance, without the benefit of a brief for appellant, stated: “We note from the colloquy at the close of trial that the appellant was not an indigent within the meaning of Ande	1	1974–1974
State v. Haren neutral njsuperctappdiv · 1973 2 sentences 1974Certiorari was denied in Cheaney v. Indiana, supra. We note that Judge Larner in State v. Haren, 124 N.J.Super. 475 , 307 A.2d 644 (1973), traces the development of the law pertaining to Roe and Doe, supra, as reflected in the Cheaney decisions, supra, and has reached conclusions with which we are in accord in substance at least. 1974Certiorari was denied in Cheaney v. Indiana, supra. We note that Judge Larner in State v. Haren, 124 N.J.Super. 475 , 307 A.2d 644 (1973), traces the development of the law pertaining to Roe and Doe, supra, as reflected in the Cheaney decisions, supra, and has reached conclusions with which we are in accord in substance at least.	1	1974–1974
Anders v. California green scotus · 1967 2 sentences 1974In this connection, it should be noted that in Isbell v. State, (July 30, 1974) Ala. App., an appeal by this same defendant from the same court of a conviction of a violation of the same law involved here, in which no brief was filed for appellant, the judgment of conviction and sentence was affirmed and in Culbert v. State, 52 Ala.App. 167 , 290 So.2d 235 , an appeal from the same court, this Court in writing to an affirmance, without the benefit of a brief for appellant, stated: “We note from the colloquy at the close of trial that the appellant was not an indigent within the meaning of Ande 1974In this connection, it should be noted that in Isbell v. State, (July 30, 1974) Ala. App., an appeal by this same defendant from the same court of a conviction of a violation of the same law involved here, in which no brief was filed for appellant, the judgment of conviction and sentence was affirmed and in Culbert v. State, 52 Ala.App. 167 , 290 So.2d 235 , an appeal from the same court, this Court in writing to an affirmance, without the benefit of a brief for appellant, stated: “We note from the colloquy at the close of trial that the appellant was not an indigent within the meaning of Ande	1	1974–1974
Carrillo v. Craven neutral scotus · 1968 1 sentence 1974In this connection, it should be noted that in Isbell v. State, (July 30, 1974) Ala. App., an appeal by this same defendant from the same court of a conviction of a violation of the same law involved here, in which no brief was filed for appellant, the judgment of conviction and sentence was affirmed and in Culbert v. State, 52 Ala.App. 167 , 290 So.2d 235 , an appeal from the same court, this Court in writing to an affirmance, without the benefit of a brief for appellant, stated: “We note from the colloquy at the close of trial that the appellant was not an indigent within the meaning of Ande	1	1974–1974
Vialpando v. Patterson neutral scotus · 1968 1 sentence 1974In this connection, it should be noted that in Isbell v. State, (July 30, 1974) Ala. App., an appeal by this same defendant from the same court of a conviction of a violation of the same law involved here, in which no brief was filed for appellant, the judgment of conviction and sentence was affirmed and in Culbert v. State, 52 Ala.App. 167 , 290 So.2d 235 , an appeal from the same court, this Court in writing to an affirmance, without the benefit of a brief for appellant, stated: “We note from the colloquy at the close of trial that the appellant was not an indigent within the meaning of Ande	1	1974–1974
Caton v. Alabama neutral scotus · 1968 1 sentence 1974In this connection, it should be noted that in Isbell v. State, (July 30, 1974) Ala. App., an appeal by this same defendant from the same court of a conviction of a violation of the same law involved here, in which no brief was filed for appellant, the judgment of conviction and sentence was affirmed and in Culbert v. State, 52 Ala.App. 167 , 290 So.2d 235 , an appeal from the same court, this Court in writing to an affirmance, without the benefit of a brief for appellant, stated: “We note from the colloquy at the close of trial that the appellant was not an indigent within the meaning of Ande	1	1974–1974
Huggins v. State neutral ala · 1960 2 sentences 1973We think, however, that questions like these are similar to those in Huggins v. State, 271 Ala. 428 , 123 So.2d 911 , wherein the defendant was asked whether he had been convicted in a City Court for violating a municipal ordinance against soliciting and carrying passengers to a house of ill fame. 1973We think, however, that questions like these are similar to those in Huggins v. State, 271 Ala. 428 , 123 So.2d 911 , wherein the defendant was asked whether he had been convicted in a City Court for violating a municipal ordinance against soliciting and carrying passengers to a house of ill fame.	1	1973–1973
Fisher v. State neutral texcrimapp · 1954 2 sentences 1971In Fisher v. State (1955), 160 Tex.Cr.R. 634 , 274 S.W.2d 397 , the court had before it a conviction for a violation of a statute in the exact language of the one here under consideration. 1971In Fisher v. State (1955), 160 Tex.Cr.R. 634 , 274 S.W.2d 397 , the court had before it a conviction for a violation of a statute in the exact language of the one here under consideration.	1	1971–1971
McCurdy v. State neutral alactapp · 1962 2 sentences 1964In McCurdy v. State, 41 Ala.App. 546 , 143 So.2d 185 , we find Judge Price saying: “It is essential to a conviction for a violation of Section 187, Title 29, Code 1940, that the state prove that the amount of liquors transported was five gallons or more. 1964In McCurdy v. State, 41 Ala.App. 546 , 143 So.2d 185 , we find Judge Price saying: “It is essential to a conviction for a violation of Section 187, Title 29, Code 1940, that the state prove that the amount of liquors transported was five gallons or more.	1	1964–1964
Harris v. State neutral ala · 1900 1 sentence 1957Plea one fails to show that the conviction in the Mayor’s Court was for the violation of a State statute, and plea two admits that the conviction was for the violation of a municipal ordinance, “which was no bar to a prosecution; for the same criminal act, if a felony, in-the state court.” Harris v. State, 128 Ala. 41 , 29 So. 581 .	1	1957–1957
Arnold v. City of Mobile neutral alactapp · 1947 2 sentences 1950Jackson v. City of Mobile, 33 Ala.App. 95 , 30 So.2d 40 . 1950Jackson v. City of Mobile, 33 Ala. App. 95 , 30 So.2d 40 .	1	1950–1950
Walls v. Borders neutral alactapp · 1947 2 sentences 1950Jackson v. City of Mobile, 33 Ala.App. 95 , 30 So.2d 40 . 1950Jackson v. City of Mobile, 33 Ala. App. 95 , 30 So.2d 40 .	1	1950–1950
Bradley v. State neutral alactapp · 1944	1	1947–1947
Masters v. State neutral · 1922	1	1947–1947
Brock v. State neutral alactapp · 1923	1	1947–1947
State v. Town of Springville green ala · 1929	1	1945–1945
Bell v. State neutral alactapp · 1917	1	1945–1945
Birmingham Ry., Light & Power Co. v. Beal neutral ala · 1917	1	1945–1945
Armstrong v. Walker neutral ala · 1917	1	1945–1945
Hardin v. State green alactapp · 1940	1	1941–1941
Barron v. City of Anniston neutral · 1908	1	1926–1926
Patt v. Welsch neutral alactapp · 1921	1	1924–1924
Crane v. State neutral oklacrimapp · 1911	1	1915–1915
Jackson v. State green ala · 1902	1	1914–1914
Swint v. State green ala · 1908	1	1912–1912
Rayfield v. State neutral ala · 1910	1	1910–1910

Where else courts name it

CA 247 (1893–2026) TX 185 (1885–2026) IL 128 (1902–2026) LA 100 (1925–2025) MI 97 (1912–2026) GA 97 (1891–2025) PA 92 (1944–2025) OH 90 (1943–2026) NY 75 (1888–2024) WA 71 (1904–2026) IN 58 (1879–2026) CO 57 (1957–2025) FL 48 (1926–2026) MO 46 (1906–2025) MN 38 (1886–2024) KS 37 (1928–2021) NJ 36 (1938–2026) OR 34 (1964–2021) VA 33 (1913–2026) CT 31 (1947–2018) TN 30 (1930–2025) AL 30 (1910–2025) MS 27 (1909–2023) MD 25 (1949–2023) IA 25 (1914–2022) AZ 24 (1926–2026) NM 24 (1968–2020) MA 24 (1943–2025) OK 24 (1920–2009) NC 21 (1938–2024) NE 18 (1940–2026) AR 18 (1894–2019) RI 17 (1924–2026) HI 17 (1975–2025) SD 17 (1982–2023) WI 17 (1897–2025) WY 16 (1959–2023) UT 15 (1990–2024) DC 13 (1960–2011) ID 13 (1939–2024) KY 13 (1917–2023) AK 12 (1965–2012) VT 10 (1906–2016) SC 8 (1958–2018) ME 8 (1917–2015) MT 7 (1939–2025) WV 6 (1942–2024) NV 4 (1976–2019) ND 4 (1911–2022) NH 3 (1978–2015) DE 2 (1976–2013)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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