Opinion

Edwards v. State

  • 56 Ala. App. 405
  • 321 So. 2d 744
  • 1975 Ala. Crim. App. LEXIS 1347
Court
Court of Criminal Appeals of Alabama
Filed
Nov 4, 1975
Status
Published
Author
Cates
On the bench
Cates, DeCARLO
Cited by
11 cases
Authority
More cited than 13.0%

The opinion

*411 CATES, Presiding Judge

(concurring).

Warren v. State, 44 Ala.App. 221 , 205 So.2d 916 , stands for the propositions (1) that a confession is presumed to be involuntary and (2) that independent disinterested State psychiatrists’ testimony of alcoholism exhibiting delirium tremens shifts the burden further to involuntariness.

In the instant case, Edwards’ testimony if believed, showed him on a spree but did not show chronic and persistent drunkenness. Moreover, without the confession the State by ballistic opinion evidence made out a case of his guilt.

As to appellant’s admitted presence at the killing, see Ala. Digest Homicide Key No. 151(1) as to excuse, justification and mitigation.

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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