Legal Opinion

Threet v. State

Alabama Court of Appeals

Decided January 10, 1922No. 6 Div. 852PublishedCited by 2 opinions

Appeal from Circuit Court, Jefferson County ; H. P. Heflin, Judge. Henry Threet was convicted of robbery, and be appeals. Court erred in its oral charge as to defendant’s alibi. 112 Ala. 47, 21 South. 79; 94 Ala. 18, 10 South. 665; 94 Ala. 76, 10 South. 426; 100 Ala. 144, Í4 South. 409; 15 Ala. App. 594, 74 South. 724. Counsel discuss the refused charges and the testimony, but without further citation of authority.

1Opinion of the CourtBricken, P. J.

Prom a judgment of conviction for robbery the defendant appeals.

[1] Counsel for appellant assigns errors, thus calling specifically to the attention of this court the rulings of the court below wherein the contention is made that the substantial rights of the defendant were injuriously affected. While the assignment of error in a criminal case is not required, it is nevertheless permissible and good practice. Null v. State, 16 Ala. App. 542, 79 South. 678.

[2] The first assignment relates to a portion of the court’s oral charge where the court said:

“If he fails in establishing his alibi, the…

2Cases cited9 opinions

  1. Albritton v. StateSupreme Court of Alabama · 1891
  2. Chaney v. Burford Lumber Co.Supreme Court of Alabama · 1902
  3. Crittenden v. StateSupreme Court of Alabama · 1901
  4. Tatum v. StateSupreme Court of Alabama · 1901
  5. Null v. StateAlabama Court of Appeals · 1918

4 more not listed; retrieve them via the Exa API.

3Cited by2 opinions

  1. Thacker v. StateSupreme Court of Alabama · 1931
  2. Williams v. StateAlabama Court of Appeals · 1926

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