Sams v. State

On November 12, 1985, this court reversed and remanded the appellant's conviction of vehicular homicide on the authority of Newberry v. State, 493 So.2d 993 (Ala.Crim.App. 1985), andWhirley v. State, 481 So.2d 1151 (Ala.Crim.App. 1985), cert. quashed 481 So.2d 1154, (Ala. 1986) which held that the statute under which this appellant was charged, i.e., § 32-5A-192 Code of Alabama 1975, was unconstitutional. Subsequently, the Alabama Supreme Court reversed this court's holding in Newberry and Sams holding the statute in issue to be constitutional. See, Newberry v. State, 493 So.2d 995 (Ala.…