Davis v. State

TORBERT, Chief Justice.

Petition for certiorari was granted on the issue of whether the Court of Criminal Appeals, 389 So.2d 950, erred in affirming the trial court, which allowed into evidence petitioner’s inculpatory statement made without his having first been given the Miranda1 warnings, i. e., whether the Court of Criminal Appeals’ decision was in conflict with the decisions of Kelly v. State, 366 So.2d 1145 (Ala.Cr.App.1979), and Harrison v. State, 358 So.2d 763 (Ala.1978).

This case arose from a heated domestic dispute during which petitioner discharged his gun in the general direction…