Legal Opinion
Mitchell v. State
Alabama Court of Appeals
Decided November 12, 1918No. 8 Div. 614Published
Appeal from Circuit Court, Morgan County; Robert C. Brickell, Judge. Earley Mitchell and Coleman Prince were convicted under an indictment charging them with placing an obstruction or impediment upon railroad tracks in a manner rendering liable any engine, car, or other vehicle thereon to be thrown from the track. From the judgment of conviction, they appeal.
1Opinion
On Further Rehearing.
The application for rehearing in this case is not rested on the theory that the opinion of the court erroneously states the law, but rather upon the theory that the court has misinterpreted the record. Counsel in argument state:
"Judge Brown holds that defendants estopped themselves by making a motion to exclude the evidence on the theory of a variance between the averments and proof. No such motion was made by the defendants. On the contrary, this was the contention of the state and the ruling of the trial court, and against which the defendants entered objection."
The…
2Cases cited4 opinions
- Scharfenburg v. Town of New DecaturSupreme Court of Alabama · 1908
- Hurst v. StateSupreme Court of Alabama · 1888
- Argo v. Sylacauga Mercantile Co.Alabama Court of Appeals · 1915
- Pierson v. StateSupreme Court of Alabama · 1909