Geer v. City of Birmingham

Alabama Court of Appeals

Geer v. City of Birmingham

106 So. 917, 21 Ala. App. 671

CourtAlabama Court of Appeals

DecidedDecember 15, 1925

Docket6 Div. 862.

StatusPublished

This text of 106 So. 917 (Geer v. City of Birmingham) 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

Geer v. City of Birmingham, 106 So. 917, 21 Ala. App. 671 (Ala. Ct. App. 1925).

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Opinion

BRICKEN, P. J.

The evidence in this ease, as shown by the record, has been examined and considered by the court as a whole. We have reached the conclusion that this evidence fails to establish the offense for which this appellant was convicted; that is to say, the measure of proof required of the plaintiff has not been met. Under the undisputed evidence, the defendant was entitled to the general affirmative charge, requested in writing, and refused by the court. For the error in refusing said charge, the judgment appealed from is reversed. Numerous questions are presented, but what has been said is conclusive of this appeal, and of this case; therefore these questions need not be discussed. Reversed and remanded.

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BRICKEN, P. J.

The evidence in this ease, as shown by the record, has been examined and considered by the court as a whole. We have reached the conclusion that this evidence fails to establish the offense for which this appellant was convicted; that is to say, the measure of proof required of the plaintiff has not been met. Under the undisputed evidence, the defendant was entitled to the general affirmative charge, requested in writing, and refused by the court. For the error in refusing said charge, the judgment appealed from is reversed. Numerous questions are presented, but what has been said is conclusive of this appeal, and of this case; therefore these questions need not be discussed. Reversed and remanded.

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Bluebook (online)

106 So. 917, 21 Ala. App. 671, Counsel Stack Legal Research, https://law.counselstack.com/opinion/geer-v-city-of-birmingham-alactapp-1925.