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Royals v. State

56 So. 2d 368, 256 Ala. 390, 1951 Ala. LEXIS 185
CourtSupreme Court of Alabama
DecidedNovember 15, 1951
Docket4 Div. 642
StatusPublished
Cited by25 cases

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

Opinions

[391]*391LIVINGSTON, 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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Bluebook (online)
56 So. 2d 368, 256 Ala. 390, 1951 Ala. LEXIS 185, Counsel Stack Legal Research, https://law.counselstack.com/opinion/royals-v-state-ala-1951.