Legal Opinion

Bertrand v. State

Court of Criminal Appeals of Alabama

Decided August 25, 1970No. 3 Div. 17PublishedCited by 6 opinions

1Opinion of the Court

GATES, Judge.

Assault with intent to commit the crime against nature, in this case fellatio; sentence, 20 years. Code 1940, T. 14, § 38.

The State’s proof, .if believed.to the required degree, was sufficient to support the verdict. The-defendant’s-claim was alibi and insanity. He was his - only- witness.

*118I

The only point raised by brief on appeal which we deem substantial is that the trial judge abused his judicial discretion in denying Bertrand a continuance because Bertrand’s mother had shortly before the trial hired a lawyer in addition to those theretofore appointed by the court.

The defendant…

2Cases cited3 opinions

  1. Fiorella v. StateAlabama Court of Appeals · 1960
  2. Pace v. StateSupreme Court of Alabama · 1969
  3. Brown v. StateCourt of Criminal Appeals of Alabama · 1970

3Cited by6 opinions

  1. Minniefield v. StateCourt of Criminal Appeals of Alabama · 1972
  2. Luckie v. StateCourt of Criminal Appeals of Alabama · 1975
  3. Hoppins v. StateCourt of Criminal Appeals of Alabama · 1976
  4. Moore v. StateCourt of Criminal Appeals of Alabama · 1973
  5. Baker v. StateCourt of Criminal Appeals of Alabama · 1972

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