Legal Opinion
Burke v. State
Court of Criminal Appeals of Alabama
Decided October 2, 1979No. 6 Div. 963PublishedCited by 3 opinions
1Opinion of the Court
BOWEN, Judge.
The defendant was indicted and convicted for selling a security in an insolvent corporation. Code of Alabama, Section 8-6-20 (1975). A jury trial was waived and sentence was fixed at three years’ imprisonment.
The controlling questions in this case are whether the “Satellite Laboratory License Agreement” and the “Trans-Lab License Agreement” entered into by the defendant with Alvin Lamar Sims are securities within the purview of the Securities Act of Alabama, particularly Section 8-6-20 prohibiting the sale of any security of an insolvent company.
The trial court found both…
2Cases cited8 opinions
- Securities and Exchange Commission v. W. J. Howey Co.Supreme Court of the United States · 1946
- Fed. Sec. L. Rep. P 93,748 Securities and Exchange Commission v. Glenn W. Turner Enterprises, Inc.Court of Appeals for the Ninth Circuit · 1973
- Fed. Sec. L. Rep. P 94,710 Securities and Exchange Commission v. Koscot Interplanetary, Inc.Court of Appeals for the Fifth Circuit · 1974
- Gallion v. Alabama Market Centers, Inc.Supreme Court of Alabama · 1968
- Holmes v. StateCourt of Criminal Appeals of Alabama · 1976
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3Cited by3 opinions
- Burke v. StateSupreme Court of Alabama · 1980
- State v. KramerMissouri Court of Appeals · 1991
- Burke v. StateCourt of Criminal Appeals of Alabama · 1979