Smith v. State

133 So. 741, 24 Ala. App. 241, 1931 Ala. App. LEXIS 243
CourtAlabama Court of Appeals
DecidedFebruary 10, 1931
Docket5 Div. 814.
StatusPublished

This text of 133 So. 741 (Smith 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
Smith v. State, 133 So. 741, 24 Ala. App. 241, 1931 Ala. App. LEXIS 243 (Ala. Ct. App. 1931).

Opinion

SAMFORD, J.

The evidence was in conflict, making a jury question as to the guilt vel non of the defendant. The affirmative charge was properly refused.

Defendant’s refused charge, which for convenience we have marked 3, is invasive of the province of the jury.

*242 Refused charge 4 is covered by the general charge.

We find no error in the record, and the judgment is affirmed.

Affirmed.

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Bluebook (online)
133 So. 741, 24 Ala. App. 241, 1931 Ala. App. LEXIS 243, Counsel Stack Legal Research, https://law.counselstack.com/opinion/smith-v-state-alactapp-1931.