Malone v. City of Silverhill

Reuben Max Malone was convicted of driving under the influence of alcohol. His conviction was affirmed by the Court of Criminal Appeals. Malone v. City of Silverhill,575 So.2d 101 (Ala.Crim.App. 1989). This Court issued the writ of certiorari to determine if the admission of evidence of Horizontal Gaze Nystagmus ("HGN") test results, without a proper predicate, was harmless error.

A lengthy statement of the facts is unnecessary because of the thorough statement and detailed description of the HGN test contained in the opinion of the Court of Criminal Appeals.

The Court of Criminal Appeals held…