Merrell v. State
Alabama Court of Appeals
1Opinion of the CourtSamford, J.
Charge A, refused to defendant, being the general charge and the evidence being in conflict, was properly refused.
Charge B was abstract, besides being otherwise objectionable.
Charge 5 has been repeatedly condemned, both by this court and the Supreme Court. Cagle v. State, 211 Ala. 346, 100 So 318.
Refused charge 14 has had many considerations by both this court and the Supreme Court. In Arnold v. State, 18 Ala. App. 453, 93 So. 83, it seems to have been finally determined that the charge is bad. See, also, Chappell v. State, 19 Ala. App. 648, 100 So. 75; Cox v. State, 19 Ala. App. 205, 96 So.…
2Cases cited10 opinions
- McKenzie v. StateAlabama Court of Appeals · 1923
- Cagle v. StateSupreme Court of Alabama · 1924
- Arnold v. StateAlabama Court of Appeals · 1922
- Bush v. StateAlabama Court of Appeals · 1923
- Jones v. StateAlabama Court of Appeals · 1924
5 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Ellis v. StateSupreme Court of Alabama · 1943
- Bringhurst v. StateAlabama Court of Appeals · 1945
- Luschen v. StateCourt of Criminal Appeals of Alabama · 1973
- Wilbanks v. StateAlabama Court of Appeals · 1939
- Hannon v. StateAlabama Court of Appeals · 1948
3 more not listed; retrieve them via the Exa API.