Cole v. State
Court of Criminal Appeals of Alabama
1Opinion of the Court
Kelvin Cole was indicted for robbery in the first degree and tried jointly with two codefendants. After conviction by a jury, he was sentenced as a habitual offender to life imprisonment. Two issues are raised on this appeal from that conviction.
I
Cole contends that the trial court erred in denying his motion for a mistrial after a prosecution witness gave an unresponsive answer which implied that he had been previously arrested.
During direct examination of Lt. Dale Nix, an investigator with the Franklin County Sheriff's Department, the following occurred:
"Q [By the District Attorney] So at…
2Cases cited26 opinions
- Shadle v. StateSupreme Court of Alabama · 1967
- Van Antwerp v. StateCourt of Criminal Appeals of Alabama · 1978
- Henry v. StateCourt of Criminal Appeals of Alabama · 1984
- Espey v. StateSupreme Court of Alabama · 1960
- Myhand v. StateSupreme Court of Alabama · 1953
21 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Coral v. StateCourt of Criminal Appeals of Alabama · 1992
- McKinney v. StateCourt of Criminal Appeals of Alabama · 1995
- Ex Parte ThomasSupreme Court of Alabama · 1993
- Curry v. StateCourt of Criminal Appeals of Alabama · 1992
- May v. StateCourt of Criminal Appeals of Alabama · 1997
12 more not listed; retrieve them via the Exa API.