Legal Opinion · Dissent

Wilbanks v. State

Supreme Court of Alabama

Decided June 29, 1972No. 5 Div. 915Published

1DissentColeman, Justice

VI

I do not concur in the holding that the Court of Criminal Appeals erred in holding there was error in overruling objection to asking Ijlrs. Wilbanks as to whether or not she and her husband had stayed away from Barbara King’s funeral. Under the decisions of this court in the four cases next quoted from, the ascertainment and adjudication of the state of the transcript of the evidence in the record before the Court of Criminal Appeals is the responsibility of that court and is not reviewable on certiorari. This court has said:

“This court has repeatedly laid down and followed the rule that it…

2Cases cited16 opinions

  1. Postal Tel. Cable Co. v. MinderhoutSupreme Court of Alabama · 1916
  2. Stokley v. StateSupreme Court of Alabama · 1950
  3. Segars v. StateSupreme Court of Alabama · 1888
  4. Ex Parte PesnellSupreme Court of Alabama · 1940
  5. Washington v. StateSupreme Court of Alabama · 1877

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