Legal Opinion · Concurrence

Jett v. State

Court of Criminal Appeals of Alabama

Decided April 4, 2008No. CR-05-1749Published

1ConcurrenceBaschab, Presiding Judge

Although I do not agree with all of the main opinion’s comments and reasoning, I do agree that we should remand this case for the trial court to set forth its reasons for denying the appellant’s motion for a new trial. I also specifically note:

“ ‘The testimony of a witness that a person, other than the defendant, confessed to the witness that he himself committed the crime charged against the defendant, is hearsay and inadmissible. Welsh v. State, 96 Ala. 92, 96, 11 So. 450 (1891) [1892], “Such declarations are hearsay evidence, the weakest, most uncertain, and most dangerous.” Snow v. State,…

2Cases cited8 opinions

  1. McBryar v. StateCourt of Criminal Appeals of Alabama · 1979
  2. Smith v. StateSupreme Court of Alabama · 1846
  3. Snow v. StateSupreme Court of Alabama · 1877
  4. Welsh v. StateSupreme Court of Alabama · 1892
  5. Apicella v. StateCourt of Criminal Appeals of Alabama · 2000

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