Johnson v. State

Supreme Court of Alabama

Johnson v. State

364 So. 2d 1190, 1978 Ala. LEXIS 1828

CourtSupreme Court of Alabama

DecidedDecember 1, 1978

Docket78-81

StatusPublished

This text of 364 So. 2d 1190 (Johnson 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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Johnson v. State, 364 So. 2d 1190, 1978 Ala. LEXIS 1828 (Ala. 1978).

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Opinion

BLOODWORTH, Justice.

Writ denied. In denying this writ, we do not necessarily agree with the reasons given for affirming this cause appearing in the Court of Criminal Appeals’ opinion, 364 So.2d 1187. We deny the writ because the question to which petitioner objected in the trial court was never answered by the witness. Thus, where there is no answer to a question, any error in asking the same is harmless. Wilbanks v. State, 289 Ala. 171, 266 So.2d 632 (1972).

WRIT DENIED.

TORBERT, C. J., and FAULKNER, AL-MON and EMBRY, JJ., concur.

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BLOODWORTH, Justice.

Writ denied. In denying this writ, we do not necessarily agree with the reasons given for affirming this cause appearing in the Court of Criminal Appeals’ opinion, 364 So.2d 1187. We deny the writ because the question to which petitioner objected in the trial court was never answered by the witness. Thus, where there is no answer to a question, any error in asking the same is harmless. Wilbanks v. State, 289 Ala. 171, 266 So.2d 632 (1972).

WRIT DENIED.

TORBERT, C. J., and FAULKNER, AL-MON and EMBRY, JJ., concur.

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364 So. 2d 1190, 1978 Ala. LEXIS 1828, Counsel Stack Legal Research, https://law.counselstack.com/opinion/johnson-v-state-ala-1978.

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