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Simmons v. State

71 So. 979, 14 Ala. App. 103, 1916 Ala. App. LEXIS 37
CourtAlabama Court of Appeals
DecidedMay 18, 1916
StatusPublished
Cited by15 cases

This text of 71 So. 979 (Simmons v. State) is published on Counsel Stack Legal Research, covering Alabama Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Simmons v. State, 71 So. 979, 14 Ala. App. 103, 1916 Ala. App. LEXIS 37 (Ala. Ct. App. 1916).

Opinion

BROWN, J.

The statement of the solicitor, “You must deal with a negro in the light of the fact that he is a negro, and applying your experience and common sense,” was improper and calculated to prejudice the defendant before the jury, and the defendant’s objection thereto should have been sustained.— James v. State, 170 Ala. 72, 54 South. 494; Tannehill v. State, 159 Ala. 51, 48 South. 662. The fact that the defendant was of the negro race did not deprive him of the equal protection of the law, or necessarily discredit his testimony, and should not have been used in the argument as a means of arraying the prejudices of the jury against him.

For this error the judgment is reversed, and the cause remanded.

Reversed and remanded.

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Cite This Page — Counsel Stack

Bluebook (online)
71 So. 979, 14 Ala. App. 103, 1916 Ala. App. LEXIS 37, Counsel Stack Legal Research, https://law.counselstack.com/opinion/simmons-v-state-alactapp-1916.