Legal Opinion

Johnson v. State

Supreme Court of Alabama

Decided June 25, 1931No. 7 Div. 47PublishedCited by 13 opinions

1Opinion of the CourtBrown, J.

In Provo v. State, 55 Ala. 222, an instruction identical with the one, the giving of which was held to be reversible error, was approved by this court; that is, “That the jury should consider the evidence of an alibi with great caution; that the law so considered it, for the reason that it was so easily manufactured; but that an alibi, when once established to the satisfaction of the jury, was as good as any other evidence [defense].” (Italics supplied.)

The holding in that case is in conflict with later decisions of this court, and should be, and is hereby, expressly overruled. The correct…

2Cases cited3 opinions

  1. Prince v. StateSupreme Court of Alabama · 1893
  2. Hatch v. StateSupreme Court of Alabama · 1906
  3. Provo v. StateSupreme Court of Alabama · 1876

3Cited by13 opinions

  1. Ragland v. StateSupreme Court of Alabama · 1939
  2. Little v. SuggSupreme Court of Alabama · 1942
  3. Lakey v. StateSupreme Court of Alabama · 1952
  4. Merchants Nat. Bank of Mobile v. CotnamSupreme Court of Alabama · 1948
  5. Canty v. StateSupreme Court of Alabama · 1942

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