Legal Opinion

Clarke v. State

Alabama Court of Appeals

Decided February 11, 1947No. 3 Div. 883PublishedCited by 3 opinions

1Opinion of the Court

CARR, Judge.

The appellant, Jack Clarke, was jointly indicted with Robert Little on a charge of robbery. At the time of the arraignment, the latter demanded a severance. We have under review an appeal from a judgment of conviction of the former.

As we view our instant task, all questions presented for our consideration can be disposed of in a short opinion.

The sufficiency of the evidence to base a conviction was not tested by a tender of the affirmative charge, nor was a motion for new trial filed. In either event, it would have resulted in a vain undertaking, for, clearly, a jury question was…

2Cases cited7 opinions

  1. Kelley v. StateAlabama Court of Appeals · 1946
  2. Rutledge v. RowlandSupreme Court of Alabama · 1909
  3. Peterson v. StateAlabama Court of Appeals · 1946
  4. Smith v. StateAlabama Court of Appeals · 1918
  5. Alston v. StateSupreme Court of Alabama · 1946

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

3Cited by3 opinions

  1. Carroll v. StateCourt of Criminal Appeals of Alabama · 1979
  2. Bryant v. StateAlabama Court of Appeals · 1951
  3. Brown v. StateAlabama Court of Appeals · 1951

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