HILL v. STATE, 538 So.2d 439 (Ala. 1988)

538 So.2d 439

Ex parte State of Alabama. (Re Levi HILL, alias v. STATE).

87-1427.Supreme Court of Alabama.
December 16, 1988.

Petition for Writ of Certiorari to the Court of Criminal Appeals, Ala.Cr.App., 538 So.2d 436.

Kenneth S. Nunnelley, Asst. Atty. Gen., for petitioner.

William J. Willingham, Talladega, for respondent.

SHORES, Justice.

WRIT DENIED.

TORBERT, C.J., and JONES, ALMON, BEATTY, ADAMS and HOUSTON, JJ., concur.

MADDOX and STEAGALL, JJ., dissent, with opinion by STEAGALL, J.

STEAGALL, Justice (dissenting).

As Justice Maddox stated in his dissent in Bowden v. State, 538 So.2d 1226 (Ala. 1988), cases involving sex crimes should be treated differently from other cases; such crimes are not on the same level as other crimes, and the general exceptions to the exclusionary rule should not be as narrowly limited as they are in Bowden. Because I believe the evidence of collateral acts in this case goes toward proving intent, which is in issue, and was properly admitted by the trial court, I respectively dissent.

MADDOX, J., concurs.

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