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Grant v. State

Jimmy Grant, Alias v. State.

Grant v. State, 239 So. 2d 903 (Ala. Crim. App. 1970)
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Court
Court of Criminal Appeals of Alabama · State Appellate Courts
Decided
October 6, 1970
Docket
No. 3 Div. 46
Judges
Cates
Citations
239 So. 2d 90346 Ala. App. 2321970 Ala. Crim. App. LEXIS 408

Opinion — Cates

CATES, Judge.

Shoplifting of merchandise valued at $7.00 (Grand Larceny, Code 1940, T. 14, § 331, as amended, — theft from shop $5.00 and upwards) : sentence seven years.

The only point argued was the competence of a store clerk to testify to her opinion of value. An expert witness is one who knows more than the jury about a subject. Basically, the trial judge determines the qualification. The defendant has the right to go into the qualifications before the judge rules.

On the instant record all the defense did was object whereupon the assistant district attorney asked further questions. Moreover, the defendant got the benefit of the wholesale purchase prices rather than retail selling prices.

No motion to exclude, no request for the affirmative charge and no motion for new trial appear in the record. Hence, we are not called on to rule on the sufficiency of the evidence. Alexander v. State, 44 Ala.App. 143 , 204 So.2d 486 .

We have reviewed the entire record under Code 1940, T. 15, § 389 and consider the judgment below is due to be Affirmed.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

Cited by 22 cases

View all citing references →
1972: 21974: 51975: 121976: 21977: 119722026peak 1975 · 12

Relies on it most ⓘ

  1. Bass v. State313 So. 2d 208 (Ala. Crim. App. 1975)
  2. Eady v. State267 So. 2d 516 (Ala. Crim. App. 1972)
  3. Hurst v. State307 So. 2d 62 (Ala. Crim. App. 1974)
  4. Jones v. State316 So. 2d 713 (Ala. Crim. App. 1975)
  5. Frazier v. State320 So. 2d 99 (Ala. Crim. App. 1975)
  6. Edgeworth v. State304 So. 2d 911 (Ala. Crim. App. 1974)

Most recent

  1. Odom v. State348 So. 2d 277 (Ala. Crim. App. 1977)
  2. Jones v. State339 So. 2d 1042 (Ala. Crim. App. 1976)
  3. Hamilton v. State326 So. 2d 703 (Ala. Crim. App. 1976)
  4. Tooson v. State324 So. 2d 333 (Ala. Crim. App. 1975)
  5. Brown v. State321 So. 2d 245 (Ala. Crim. App. 1975)
  6. Frazier v. State320 So. 2d 99 (Ala. Crim. App. 1975)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 1

DepthCaseCited by
Alexander v. State, 204 So. 2d 486 (Ala. Ct. App. 1967) 13

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