Legal Opinion

New v. State

Court of Criminal Appeals of Alabama

Decided July 28, 1995No. CR-94-908PublishedCited by 9 opinions

1Opinion of the Court

The appellant, Benjamin Robert New, was convicted of unlawfully breaking and entering a vehicle, a violation of § 13A-8-11(b), Code of Alabama 1975. He was sentenced to 18 months in the penitentiary.

The state's evidence tended to show that on June 2, 1993, Lieutenant Robert Pennington of the Northport Police Department was on routine patrol at 3:30 a.m. in an unmarked vehicle. Pennington testified that while he was stopped at an intersection, a car crossed the intersection going very slowly. As it passed in front of his car, he saw that the occupants appeared to be juveniles. He testified…

2Cases cited8 opinions

  1. Terry v. OhioSupreme Court of the United States · 1968
  2. United States v. CortezSupreme Court of the United States · 1981
  3. United States v. Timothy Andrew Smith, Stephen Lawrence SwindellCourt of Appeals for the Eleventh Circuit · 1986
  4. United States v. Bernardino Homero TapiaCourt of Appeals for the Eleventh Circuit · 1990
  5. Spradley v. StateCourt of Criminal Appeals of Alabama · 1982

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

3Cited by9 opinions

  1. Smith v. StateCourt of Criminal Appeals of Alabama · 2003
  2. Hall v. StateCourt of Criminal Appeals of Alabama · 2003
  3. Riddlesprigger v. StateCourt of Criminal Appeals of Alabama · 2001
  4. Thompson v. StateCourt of Criminal Appeals of Alabama · 1996
  5. Davis v. StateCourt of Criminal Appeals of Alabama · 2004

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

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