# Oliver v. State

> Court of Criminal Appeals of Alabama · August 25, 1970 · 46 Ala. App. 118

URL: https://www.frixlaw.com/law-library/cases/9539275

## Case

- **Full name:** MacK OLIVER v. STATE
- **Court:** Court of Criminal Appeals of Alabama
- **Decided:** August 25, 1970
- **Citations:** 46 Ala. App. 118; 238 So. 2d 916; 1970 Ala. Crim. App. LEXIS 390
- **Precedential status:** Published
- **Opinion:** Concurrence by Cates
- **Judges:** Almon, Cates
- **Cited by:** 25 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9539275

## Opinion text

*125 CATES, Judge
(concurring).
No longer can a trial court slam the door on reexamining what a court of summary-jurisdiction says is enough to hack up his handing a constable a warrant. Edmunds v. State, 199 Ala. 555 , 74 So. 965 , on this point was overruled in Knox v. State, 42 Ala.App. 578 , 172 So.2d 787 which has been approved by our Supreme Court.
I concur because the marijuana was thrown away before the search began. Hayes v. State, 44 Ala.App. 539 , 215 So.2d 604 . Therefore, the validity of the warrant is not needful for us to pass on.
Nor are we at the right fork in the road to follow Act No. 100 of August 24, 1964 1 or to hold it bad.
. But see State v. Furmage, 250 N.C. 616 , 109 S.E.2d 563 ; State v. Paulick, 277 Minn. 140 , 151 N.W.2d 591 ; and State v. Ruotolo, 52 N.J.2d 508, 247 A.2d 1 .

---

Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9539275. Public record. Not legal advice.