Opinion

Beecher v. State

  • 294 Ala. 674
  • 320 So. 2d 727
  • 1975 Ala. LEXIS 1269
Court
Supreme Court of Alabama
Filed
Jul 10, 1975
Status
Published
Author
Maddox
On the bench
Shores, Cates, Heflin, Maddox, Jones, Merrill, Bloodworth, Faulkner
Cited by
94 cases

where Yarber utilizes the virtual identification doctrine while Beecher had earlier disapproved of such in favor of a standard based upon “the possibility that a prosecutor’s comment could be understood by the jury as referenced to failure of defendant to testify .... ”

How later courts described this case

  • where Yarber utilizes the virtual identification doctrine while Beecher had earlier disapproved of such in favor of a standard based upon “the possibility that a prosecutor’s comment could be understood by the jury as referenced to failure of defendant to testify .... ”

Written by the judges who cited it.

The opinion

MADDOX, Justice

(concurring specially.)

I think that the prosecutor’s statement in this case was a direct comment on the defendant’s failure to testify. Consequently, I think this case must be reversed. I disagree, however, with that portion of the opinion which reads as follows:

“Thus we hold today that where there is the possibility that a prosecutor’s comment could be understood by the jury as reference to failure of defendant to testify, § 6 is violated. We specifically disapprove any contrary cases which construe Code of Ala., Tit. 15 § 305, as requiring reversal only when there is virtually a direct identification of the defendant as the one who did not testify. Such a construction of Code of Ala., Tit. 15, § 305, is not countenanced by the constitutional protections afforded under Const, of 1901, § 6.”

I concur in part two of the opinion which holds that there was no showing of systematic exclusion of blacks from the Lawrence County jury venire.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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