Home/Supreme Court of Alabama/Sanders v. State

Sanders v. State

70 So. 2d 802, 260 Ala. 323, 1954 Ala. LEXIS 621
Supreme Court of Alabama·Decided February 25, 1954·No. 5 Div. 420·Published·Cited by 17 cases

Opinion

SIMPSON, Justice.

Answering your inquiry of January 5, 1954, propounded to this court under authority of § 88, Title 13, Code 1940, our view is that the quoted argument of the solicitor who prosecuted for the State did not go beyond the limits of legitimate forensic discussion. While the bare quotations may not give us a true picture of the exact status of the argument, it would seem to us that the statements of the solicitor were merely arguendo of his opinion of the case and what the result of the jury’s verdict should be. This case should be ruled by such cases as Davidson v. State, 211 Ala. 471(5), 100 So. 641; Bridges v. State, 26 Ala.App. 1, 152 So. 51, certiorari denied, 228 Ala. 72, 152 So. 54; Snoddy v. State, 20 Ala.App. 168(21), 101 So. 303.

The foregoing are to be distinguished from Johnson v. State, 246 Ala. 630, 22 So.2d 105, and cases there cited, in that the statements by the solicitor in these latter cases were made as a fact.

All the Justices concur.

Free access — add to your briefcase to read the full text and ask questions with AI

Sanders v. State, 70 So. 2d 802, 260 Ala. 323, 1954 Ala. LEXIS 621 (Ala. 1954).

70 So. 2d 802 (Sanders v. State) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Related

Hooks v. State
534 So. 2d 329 (Court of Criminal Appeals of Alabama, 1987)
Clark v. State
462 So. 2d 743 (Court of Criminal Appeals of Alabama, 1984)
Storie v. State
390 So. 2d 1179 (Court of Criminal Appeals of Alabama, 1980)
Moberg v. State
385 So. 2d 74 (Court of Criminal Appeals of Alabama, 1980)
Diamond v. State
363 So. 2d 109 (Court of Criminal Appeals of Alabama, 1978)
Liner v. State
350 So. 2d 760 (Court of Criminal Appeals of Alabama, 1977)
Lawrence v. State
341 So. 2d 188 (Court of Criminal Appeals of Alabama, 1977)
Taylor v. State
308 So. 2d 714 (Court of Criminal Appeals of Alabama, 1975)
Barnett v. State
291 So. 2d 353 (Court of Criminal Appeals of Alabama, 1974)
Owens v. State
278 So. 2d 693 (Supreme Court of Alabama, 1973)
Embrey v. State
214 So. 2d 567 (Supreme Court of Alabama, 1968)
Amerson v. State
182 So. 2d 901 (Alabama Court of Appeals, 1965)
McGhee v. State
149 So. 2d 1 (Alabama Court of Appeals, 1962)
Johnson v. State
133 So. 2d 53 (Supreme Court of Alabama, 1961)
Mincy v. State
78 So. 2d 262 (Supreme Court of Alabama, 1955)
Sanders v. State
70 So. 2d 802 (Supreme Court of Alabama, 1954)