Legal Opinion

Wiggs v. State

Alabama Court of Appeals

Decided June 24, 1930No. 8 Div. 927PublishedCited by 8 opinions

1Opinion of the CourtSamford, J.

The trial court cannot be put in error for refusing to cause the jury, to retire during the argument of the solicitor in presenting a question of law to the court, unless it be made to clearly appear that the court had abused its discretion and that the defendant’s cause was probably injured thereby. In this ease we see no occasion for reviewing the action of the trial court on this question.

We are in complete agreement with the law cited by appellant from 30 C. J. 159 (373) that: “Evidence of a difficulty between accused and a third person with which deceased was in no way connected is not…

2Cited by8 opinions

  1. Holsemback v. StateCourt of Criminal Appeals of Alabama · 1983
  2. Smith v. StateCourt of Criminal Appeals of Alabama · 1990
  3. Johnson v. StateSupreme Court of Alabama · 1956
  4. McGuff v. StateCourt of Criminal Appeals of Alabama · 1972
  5. Sashington v. StateCourt of Criminal Appeals of Alabama · 1975

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