Legal Opinion · Dissent

Hall v. State

Supreme Court of Alabama

Decided January 9, 1975No. SC 1047Published

1DissentJones, Justice

I disagree with the majority in denying the writ as to the second ground asserted in the petition.

The defendant excepted to that portion of the oral charge, “If they didn’t have informers sometimes they could never obtain the evidence.” This sentence, taken in context with the several preceding Sentences, is pure argument, and, in my opinion, exceeds the bounds of judicial discretion. The function of the various offices of the court is clearly established in our system. It is not the function of the trial judge to play the role of an advocate. In his conduct of the trial, he must be totally…

2Cases cited1 opinion

  1. Mays v. StateCourt of Criminal Appeals of Alabama · 1970

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