Goode v. State

Alabama Court of Appeals

Goode v. State

152 So. 266, 26 Ala. App. 55, 1934 Ala. App. LEXIS 7

CourtAlabama Court of Appeals

DecidedJanuary 16, 1934

Docket6 Div. 435.

StatusPublished

This text of 152 So. 266 (Goode 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

Goode v. State, 152 So. 266, 26 Ala. App. 55, 1934 Ala. App. LEXIS 7 (Ala. Ct. App. 1934).

Pincite

Opinion

*56 SAMFORD, Judge.

We have read this record, and, while there are some exceptions reserved, there is no ruling of the court in which we-find reversible error.

There is really but one question of merit presented, and that is the action 'of the court, at the request of the jury, to allow them to take into the jury room the testimony of a witness taken before the grand jury in connection with the investigation of this case, which testimony was read to them as a showing for the witness who was not present at the trial. Certain parts of this testimony were not legal and were so ruled and marked by the court, and the jury was specifically instructed not to read or consider that part so marked. One of the attorneys for defendant was present and agreed to this action on the part of the court. This practice is not approved, but the action of the court being agreed to by defendant’s counsel cannot be made the basis for reversal.

There is no error of a reversible nature in the record, and the judgment is affirmed.

Affirmed.

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*56 SAMFORD, Judge.

We have read this record, and, while there are some exceptions reserved, there is no ruling of the court in which we-find reversible error.

There is really but one question of merit presented, and that is the action 'of the court, at the request of the jury, to allow them to take into the jury room the testimony of a witness taken before the grand jury in connection with the investigation of this case, which testimony was read to them as a showing for the witness who was not present at the trial. Certain parts of this testimony were not legal and were so ruled and marked by the court, and the jury was specifically instructed not to read or consider that part so marked. One of the attorneys for defendant was present and agreed to this action on the part of the court. This practice is not approved, but the action of the court being agreed to by defendant’s counsel cannot be made the basis for reversal.

There is no error of a reversible nature in the record, and the judgment is affirmed.

Affirmed.

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Bluebook (online)

152 So. 266, 26 Ala. App. 55, 1934 Ala. App. LEXIS 7, Counsel Stack Legal Research, https://law.counselstack.com/opinion/goode-v-state-alactapp-1934.