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Royals v. State

56 So. 2d 368, 256 Ala. 390, 1951 Ala. LEXIS 185
Supreme Court of Alabama·Decided November 15, 1951·No. 4 Div. 642·Published·Cited by 25 cases

Opinions

[391] LIVINGSTON, Chief Justice.

In its opinion on rehearing the Court of Appeals states that: “The identity of the accused as the perpetrator of the offense is a part and parcel of the corpus delicti of every offense.” This statement is not a correct statement of the law, as is shown by the authorities cited by the Court of Appeals. The statement is a correct statement relative to the proof of the offense charged but not as to the proof of the corpus delicti.

The above statement is mere dictum and, in our opinion, in no way affects the soundness of the conclusions reached by the Court of Appeals. The writ of certiorari is therefore denied.

Writ denied.

BROWN, SIMPSON and STAKELY, JJ., concur.

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Royals v. State, 56 So. 2d 368, 256 Ala. 390, 1951 Ala. LEXIS 185 (Ala. 1951).

56 So. 2d 368 (Royals v. State) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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