Legal Opinion

Roden v. State

Alabama Court of Appeals

Decided February 8, 1912PublishedCited by 11 opinions

Appeal from. Marshall Circuit Court, Heard before Hon. W. W. Haralson. Pick Roden was convicted of violating the prohibition law and he appeals.

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Appeal from. Marshall Circuit Court, Heard before Hon. W. W. Haralson. Pick Roden was convicted of violating the prohibition law and he appeals. The argument of the solicitor was not warranted by the facts, was prejudicial and the court erred in not sustaining objections thereto. — Childers v. State, 86 Ala. 87; Coleman v. State, 87 Ala. 17. The court was not in error in declining to exclude the remarks of the solicitor. — Cross v. The State, 68 Ala. 476; Mitchell v. The State, 114 Ala. 1; Barden r>. State, 143 Ala. 174. The argument here falls within the influence of the rule declared in…

1Opinion of the CourtPelham, J.

The defendant was tried and convicted of violating the prohibition laws. During the argu*203ment of the case to the jury the solicitor made the following statements; (1) “The defendant builds a house in thé shadow of the courthouse and persistently violates the law.” (2) “The defendant would sell liquor to the boys” (meaning the boys of the county). To each of these statements, made by the solicitor in the course of his argument to the jury, the defendant separately objected, and excepted to the court’s action in overruling the objection and permitting the argument to remain with the jury.

There…

2Cases cited10 opinions

  1. Cross v. StateSupreme Court of Alabama · 1881
  2. Louisville & Nashville Railroad v. OrrSupreme Court of Alabama · 1890
  3. Florence Cotton & Iron Co. v. FieldSupreme Court of Alabama · 1894
  4. Wolffe v. MinnisSupreme Court of Alabama · 1883
  5. Tannehill v. StateSupreme Court of Alabama · 1909

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

3Cited by11 opinions

  1. Diamond v. StateCourt of Criminal Appeals of Alabama · 1978
  2. Holloway v. StateAlabama Court of Appeals · 1952
  3. Nix v. StateAlabama Court of Appeals · 1945
  4. Watson v. StateAlabama Court of Appeals · 1924
  5. Williams v. StateAlabama Court of Appeals · 1965

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

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