Jarrell v. State

Supreme Court of Alabama

Jarrell v. State

50 So. 2d 776, 255 Ala. 209, 1951 Ala. LEXIS 293

CourtSupreme Court of Alabama

DecidedFebruary 22, 1951

Docket5 Div. 493

StatusPublished

Cited by10 cases

This text of 50 So. 2d 776 (Jarrell 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.

Bluebook

Jarrell v. State, 50 So. 2d 776, 255 Ala. 209, 1951 Ala. LEXIS 293 (Ala. 1951).

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Opinion

PER CURIAM.

On petition for certiorari three grounds are pressed as grounds for reversal of the judgment of conviction, (1) the ruling of the trial court excluding the statement of Mrs. S. A. Jarrell, witness for the defense, that defendant stated to her, “Carolyn has fainted”, (2) the refusal of charge 8 requested by the defendant and (3) the refusal of charge 15 requested by the defendant. We agree with the opinion of the Court of Appeals on the foregoing matters except that as to charge 8, we are of the opinion that it was substantially and fairly covered by the oral charge of the court. Brown v. State, 249 Ala. 5, 31 So.2d 681; § 273, Title 7, Code of 1940. It follows that the judgment of the Court of Appeals affirming the judgment of conviction is affirmed.

Affirmed.

All the Justices concur.

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PER CURIAM.

On petition for certiorari three grounds are pressed as grounds for reversal of the judgment of conviction, (1) the ruling of the trial court excluding the statement of Mrs. S. A. Jarrell, witness for the defense, that defendant stated to her, “Carolyn has fainted”, (2) the refusal of charge 8 requested by the defendant and (3) the refusal of charge 15 requested by the defendant. We agree with the opinion of the Court of Appeals on the foregoing matters except that as to charge 8, we are of the opinion that it was substantially and fairly covered by the oral charge of the court. Brown v. State, 249 Ala. 5, 31 So.2d 681; § 273, Title 7, Code of 1940. It follows that the judgment of the Court of Appeals affirming the judgment of conviction is affirmed.

Affirmed.

All the Justices concur.

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Bluebook (online)

50 So. 2d 776, 255 Ala. 209, 1951 Ala. LEXIS 293, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jarrell-v-state-ala-1951.

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