Legal Opinion · Dissent

Brock v. State

Supreme Court of Alabama

Decided November 15, 1898Published

Appeal from tlie Circuit Court of Lauderdale. Tried before tlie lion. James J. Banks. The defendant Folly Brock was jointly indicted with one Bill Coppin for living in adultery. On motion, a severance was had and the defendants were tried separately. Under the opinion on this appeal, it is unnecessary to set out in detail any of the facts relating to the rulings of the trial court to which exceptions were reserved, except that in reference to the argument of the solicitor.

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Appeal from tlie Circuit Court of Lauderdale. Tried before tlie lion. James J. Banks. The defendant Folly Brock was jointly indicted with one Bill Coppin for living in adultery. On motion, a severance was had and the defendants were tried separately. Under the opinion on this appeal, it is unnecessary to set out in detail any of the facts relating to the rulings of the trial court to which exceptions were reserved, except that in reference to the argument of the solicitor. Iii reference to tliis ruling tlie bill of exceptions contains tlie following recital: “In the course of bis argument tbe…

1Dissent

TYSON, J.,

dissenting. — The opinion in this case practically destroys all room for the application of the universal rule or doctrine recognized by this court and' all courts of last resort, as will be shown by a careful examination of the facts as presented by the record and a proper analysis of the cases of this court cited in the opinion, and of the opinions of other courts, upon the point here involved. One of the theories for a refusal to apply the rule, recognized by the writer of the opinion in this case, is based upon the idea that Coppin was “accessible” as a witness for the State. To…

2Cases cited16 opinions

  1. Graves v. United StatesSupreme Court of the United States · 1893
  2. Carter v. ChambersSupreme Court of Alabama · 1885
  3. McDonough v. O'NielMassachusetts Supreme Judicial Court · 1873
  4. State v. WardSupreme Court of Vermont · 1888
  5. Lothrop v. AdamsMassachusetts Supreme Judicial Court · 1882

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