Legal Opinion

O'Brien v. State

Supreme Court of Alabama

Decided June 22, 1939No. 4 Div. 97PublishedCited by 7 opinions

1Per curiam

This Court is of the opinion that the cases cited by Judge Bricken in his dissent should not be overruled. We cannot affirm the majority opinion by the Court of Appeals without overruling those cases.

The writ of certiorari is awarded, and the judgment of the Court .of Appeals is reversed and the cause remanded to that court for further action.

Certiorari awarded; reversed and remanded.

All the Justices concur.

2Cited by7 opinions

  1. Latham v. StateCourt of Criminal Appeals of Alabama · 1975
  2. Pratt v. StateCourt of Criminal Appeals of Alabama · 1972
  3. Airhart v. StateCourt of Criminal Appeals of Alabama · 1979
  4. Latham v. StateSupreme Court of Alabama · 1975
  5. Simmons v. StateSupreme Court of Alabama · 1941

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