Legal Opinion

Holmes v. State

Alabama Court of Appeals

Decided March 20, 1928No. 8 Div. 631PublishedCited by 19 opinions

1Opinion of the CourtBricken, P. J.

In the case of Register v. State, 19 Ala. App. 11, 94 So. 778, this court stated:

“It was not only within the power of the court to propound questions to witnesses, but if justice required, or if it appeared necessary, it was the duty of the court so to do, and such action upon the part of the court cannot be construed as an aid to the prosecution or as being prejudicial to the substantial rights of the defendant.”

The above excerpt is in line with well-recognized legal ¿uthorities which hold that, with certain exceptions, no rule of law exists which limits the power of a judge in a criminal…

2Cases cited2 opinions

  1. Campbell v. StateSupreme Court of Alabama · 1853
  2. Register v. StateAlabama Court of Appeals · 1922

3Cited by19 opinions

  1. Lovejoy v. StateAlabama Court of Appeals · 1948
  2. Wynn v. StateCourt of Criminal Appeals of Alabama · 2000
  3. Donald Dwayne Whatley v. State of Alabama.Court of Criminal Appeals of Alabama · 2010
  4. Timmons v. StateCourt of Criminal Appeals of Alabama · 1986
  5. Williams v. StateAlabama Court of Appeals · 1948

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