Legal Opinion
Burke v. State
Supreme Court of Alabama
Decided July 7, 1980No. 79-126PublishedCited by 6 opinions
1Opinion of the Court
Certiorari was granted in this case to reexamine this court's holding in Gallion v. Alabama Market Centers, Inc., 282 Ala. 679, 213 So.2d 841 (1968), which very narrowly defined the term "investment contract" as that phrase is used in the Alabama Securities Act. We hold the term "investment contract" is to be more broadly defined than it was in Gallion; however, we find that this more flexible definition can only be applied prospectively and therefore affirm the Court of Criminal Appeals' reversal of James E. Burke's convictions.
A detailed statement of the facts of this case is set forth in…
2Cases cited11 opinions
- Bouie v. City of ColumbiaSupreme Court of the United States · 1964
- Securities and Exchange Commission v. W. J. Howey Co.Supreme Court of the United States · 1946
- United Housing Foundation, Inc. v. FormanSupreme Court of the United States · 1975
- Tcherepnin v. KnightSupreme Court of the United States · 1967
- Securities & Exchange Commission v. C. M. Joiner Leasing Corp.Supreme Court of the United States · 1943
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3Cited by6 opinions
- McCullar v. UNIV. UNDERWRITERS LIFE INS.Supreme Court of Alabama · 1996
- Favor v. StateCourt of Criminal Appeals of Alabama · 1980
- Ford Motor Co. v. SperauSupreme Court of Alabama · 1997
- People v. GrahamCalifornia Court of Appeal · 1985
- Burke v. StateCourt of Criminal Appeals of Alabama · 1979
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