# Clemmons v. State

> Supreme Court of Alabama · May 22, 1975 · 294 Ala. 746

URL: https://www.frixlaw.com/law-library/cases/9666678

## Case

- **Full name:** In Re Jesse Ray CLEMMONS v. STATE of Alabama. Ex Parte STATE of Alabama Ex Rel. ATTORNEY GENERAL
- **Court:** Supreme Court of Alabama
- **Decided:** May 22, 1975
- **Citations:** 294 Ala. 746; 321 So. 2d 238; 1975 Ala. LEXIS 1282
- **Precedential status:** Published
- **Opinion:** Concurrence by Faulkner
- **Judges:** Shores, Heflin, Merrill, Blood-Worth, Maddox, Jones, Embry, Colquitt, Faulkner, Almon
- **Cited by:** 83 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/9666678

## Opinion text

FAULKNER, Justice
(concurring in part and dissenting in part).
I concur in the result reached by the majority. But, I am still of the opinion that the investigation should be made by a probation officer. He is the most logical person under our system of criminal justice to conduct the investigation. It is not the duty of a trial judge to make investigations. His duty is to judge. I do not believe the legislature intended that the trial judge act as judge, investigator, and probation officer.
The majority opinion opens.the gates for appeals which will be based on abuse of discretion on the subject of investigation of the youthful offender.

---

Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9666678. Public record. Not legal advice.