Clark v. State

On Rehearing

Appellant asserts in brief that, since the provisions of Title 45, Section 226, Code of Alabama 1940, exempt physicians from having to honor a subpoena under certain conditions, under the provisions of Title 15, Section 425 et seq., Code of Alabama 1940, indigent appellants have no “effective means to procure the testimony of medical experts as would be available” to appellants financially able to pay such experts.

This argument overlooks the opinions of this Court in Sheppard v. State, 49 Ala.App. 398, 272 So.2d 605, and Rich v. State, 51 Ala.App. 556, 287 So.2d 873, which answer…