Legal Opinion · Dissent

Reed v. State

Supreme Court of Alabama

Decided July 25, 1946No. 4 Div. 415Published

1DissentFoster, Justice

Where the matter involves no question of law but only one of fact, defendant cannot prove that he acted under legal advice, especially when it does not appear that he truthfully stated the facts to the attorney. Barnett v. State, 89 Ala. 165, 7 So. 414; 133 A.L.R. 1060; Williamson v. U. S., 207 U.S. 425, 28 S.Ct. 163, 52 L.Ed. 278.

In this case the disputed question was only one of fact, whether defendant had sold the corn to Mr. Forehand. If he had done so, he had actual knowledge that he did not own it, and he asserts no other claim to it and could not therefore move it away when he left the…

2Cases cited8 opinions

  1. Williamson v. United StatesSupreme Court of the United States · 1908
  2. Black v. StateSupreme Court of Alabama · 1887
  3. Morrisette v. StateSupreme Court of Alabama · 1884
  4. Barnett v. StateSupreme Court of Alabama · 1889
  5. Barnes v. StateSupreme Court of Alabama · 1893

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