Gills v. State

Supreme Court of Alabama

Gills v. State

45 So. 2d 51, 253 Ala. 283, 1950 Ala. LEXIS 224

CourtSupreme Court of Alabama

DecidedMarch 2, 1950

Docket6 Div. 21

StatusPublished

Cited by15 cases

This text of 45 So. 2d 51 (Gills v. State) is published on Counsel Stack Legal Research, covering Supreme Court of Alabama primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Gills v. State, 45 So. 2d 51, 253 Ala. 283, 1950 Ala. LEXIS 224 (Ala. 1950).

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Opinion

BROWN, Justice.

We have carefully reviewed the evidence as stated in the opinion of the Court of Appeals both in the original opinion and in the opinion on the application for rehearing. 45 So.2d 44. We agree with the Court of Appeals that the evidence presented a question for jury decision and, therefore, the court did not err in refusing the defendant’s affirmative charge or in overruling fai-s motion for new trial. The petition for certiorari is, therefore, denied.

Writ denied.

All the Justices concur except GARDNER, C. J., not sitting.

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BROWN, Justice.

We have carefully reviewed the evidence as stated in the opinion of the Court of Appeals both in the original opinion and in the opinion on the application for rehearing. 45 So.2d 44. We agree with the Court of Appeals that the evidence presented a question for jury decision and, therefore, the court did not err in refusing the defendant’s affirmative charge or in overruling fai-s motion for new trial. The petition for certiorari is, therefore, denied.

Writ denied.

All the Justices concur except GARDNER, C. J., not sitting.

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45 So. 2d 51, 253 Ala. 283, 1950 Ala. LEXIS 224, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gills-v-state-ala-1950.

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