Kabase v. State

GARDNER, Chief Justice.

Following the adoption of Supreme Court Rule 45, Code 1940, Tit. 7 Appendix, substantial error is not presumed, but the burden is upon the appellant to show error, and before a reversal of the judgment is to be had, it must appear to the Court that the error complained of has probably “injuriously affected substantial rights of the parties,” to use the language of the rule. Henderson v. Tennessee Coal, Iron & R. R. Co., 190 Ala. 126, 67 So. 414.

The opinion of the Court of Appeals cites approvingly Robinson v. State, 29 Ala.App. 47, 191 So. 649, containing an expression…