State v. Martin

10 So. 2d 673, 243 Ala. 464, 1942 Ala. LEXIS 299
CourtSupreme Court of Alabama
DecidedJune 18, 1942
Docket8 Div. 190.
StatusPublished
Cited by3 cases

This text of 10 So. 2d 673 (State v. Martin) 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
State v. Martin, 10 So. 2d 673, 243 Ala. 464, 1942 Ala. LEXIS 299 (Ala. 1942).

Opinions

GARDNER, Chief Justice.

Upon reconsideration of this case, the majority of the Court have reached the conclusion the opinion of the Court of Appeals upon the matter of construction of Title 15, § 370, Code 1940, granting the right of appeal to the state in criminal cases, wherein a statute has been ruled unconstitutional, is in harmony with the principle announced in State v. Hewlett, 124 Ala. 471, 27 So. 18, which latter case was followed by the Court of Appeals in State v. Powe, 28 Ala.App. 402, 185 So. 781. We, therefore, conclude the rehearing should be granted, the judgment of reversal set aside and the writ of certiorari denied.

Rehearing granted. Writ denied.

BOULDIN, BROWN, and LIVINGSTON, JJ., concur. THOMAS and FOSTER, JJ., dissent. LAWSON, J., not sitting.

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Related

State v. Gray
55 So. 2d 358 (Alabama Court of Appeals, 1951)
State v. Gray
55 So. 2d 354 (Supreme Court of Alabama, 1951)

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Bluebook (online)
10 So. 2d 673, 243 Ala. 464, 1942 Ala. LEXIS 299, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-martin-ala-1942.