Draper v. Lindsey

Supreme Court of Alabama

Draper v. Lindsey

115 So. 921, 217 Ala. 704

Supreme Court of Alabama·Decided March 22, 1928·No. 3 Div. 835.·Published

Opinion

GARDNER, J.

We are of the opinion the case of Fuller v. State, 122 Ala. 32, 26 So. 146, 45 L. R. A. 502, 82 Am. St. Rep. 1, construing section 5462, Code of 1896 (section 5133, Code of 1923), is conclusive adversely to petitioner’s contention, and that the Court of Appeals correctly ruled upon the authority of that case. The writ will be denied. Writ denied.

ANDERSON, C. J., and SAYRE and BOULDIN, JJ., concur.

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GARDNER, J.

We are of the opinion the case of Fuller v. State, 122 Ala. 32, 26 So. 146, 45 L. R. A. 502, 82 Am. St. Rep. 1, construing section 5462, Code of 1896 (section 5133, Code of 1923), is conclusive adversely to petitioner’s contention, and that the Court of Appeals correctly ruled upon the authority of that case. The writ will be denied. Writ denied.

ANDERSON, C. J., and SAYRE and BOULDIN, JJ., concur.

Draper v. Lindsey, 115 So. 921, 217 Ala. 704 (Ala. 1928).

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Opinion

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