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Legal Opinion

Ex Parte Oliver

Supreme Court of Alabama

Decided September 25, 1987No. 86-535PublishedCited by 35 opinions

1Opinion of the Court

We granted this petition for writ of certiorari to determine whether issuing a worthless check, a violation of § 13A-9-13.1, Code of Alabama 1975, is a lesser included offense of theft by deception, § 13A-8-2(2), Code of Alabama 1975. The trial court refused to charge the jury on § 13A-9-13.1. We reverse and remand.

The case involves the following facts: Cathryn Mook advertised a man's ring for sale, and on January 2, 1984, she received a call from Beverly Oliver regarding the advertisement. Oliver inquired about the ring and requested directions to Mrs. Mook's house. Mrs. Mook agreed to sell…

2Cases cited7 opinions

  1. Chavers v. StateSupreme Court of Alabama · 1978
  2. Fulghum v. StateSupreme Court of Alabama · 1973
  3. Loper v. StateCourt of Criminal Appeals of Alabama · 1985
  4. Andersen v. StateCourt of Criminal Appeals of Alabama · 1982
  5. Williams v. StateCourt of Criminal Appeals of Alabama · 1985

2 more not listed; retrieve them via the Exa API.

3Cited by35 opinions

  1. Haney v. StateCourt of Criminal Appeals of Alabama · 1991
  2. Ex Parte SmithSupreme Court of Alabama · 2000
  3. Hutcherson v. StateCourt of Criminal Appeals of Alabama · 1994
  4. Ex Parte McWhorterSupreme Court of Alabama · 2000
  5. Ex Parte MyersSupreme Court of Alabama · 1997

30 more not listed; retrieve them via the Exa API.

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