Nicholson v. State

Supreme Court of Alabama

Nicholson v. State

42 So. 1015, 149 Ala. 61, 1907 Ala. LEXIS 246

CourtSupreme Court of Alabama

DecidedFebruary 7, 1907

StatusPublished

Cited by7 cases

This text of 42 So. 1015 (Nicholson 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

Nicholson v. State, 42 So. 1015, 149 Ala. 61, 1907 Ala. LEXIS 246 (Ala. 1907).

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Opinion

ANDERSON, J. —

The action of the trial court in permitting the state to examine the witness Smallwood, af[63]*63ter the defendant liad closed Ids evidence, was discretionary, notwithstanding the evidence was not in rebuttal, and should more properly have been brought out before the state rested. — Braham v. State, 143 Ala. 28, 38 South. 919; Riley v. State, 88 Ala. 193, 7 South. 149; 8 Ency. Pl. & Pr. 132.

So much of the argument of the solicitor as was objected to was legitimate as a reply to the argument of counsel for the defendant, and the trial court committed no error in refusing to exclude the same. — Bardin v. State, 143 Ala. 74, 38 South. 833.

The judgment of the city court is affirmed.

Tyson, C. J., and Dowdell and McClellan, JJ., concur.

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