Fryer v. State

Alabama Court of Appeals

Fryer v. State

109 So. 294, 21 Ala. App. 459, 1926 Ala. App. LEXIS 213

CourtAlabama Court of Appeals

DecidedMay 18, 1926

Docket4 Div. 165.

StatusPublished

This text of 109 So. 294 (Fryer v. State) is published on Counsel Stack Legal Research, covering Alabama Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Fryer v. State, 109 So. 294, 21 Ala. App. 459, 1926 Ala. App. LEXIS 213 (Ala. Ct. App. 1926).

Pincite

Opinion

SAMFORD, J.

The evidence was in conflict; that for the state making out a clear case of guilt under the indictment, and that for the defendant tending to prove to the contrary. Refused charge 2, being the affirmative charge, was therefore properly refused. Tatum v. State, 20 Ala. App. 436, 102 So. 726.

Refused charge 3 had reference to a count of the indictment of which the defendant was acquitted; he cannot therefore complain. Pippin v. State, 19 Ala. App. 384, 97 So. 615.

The defendant having brought out a part of a conversation between the witness Bisle and defendant, the state was entitled to everything said in the conversation. Moreover, after carefully reading this record, we are-of the opinion that this answer to which exception was taken did not affect the merits of the case.

We find no error in the record, and the judgment is affirmed.

Affirmed.

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