Tucker v. State

Alabama Court of Appeals

Tucker v. State

84 So. 859, 17 Ala. App. 310, 1920 Ala. App. LEXIS 7

CourtAlabama Court of Appeals

DecidedJanuary 13, 1920

Docket5 Div. 315.

StatusPublished

This text of 84 So. 859 (Tucker 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

Tucker v. State, 84 So. 859, 17 Ala. App. 310, 1920 Ala. App. LEXIS 7 (Ala. Ct. App. 1920).

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Opinion

MERRITT, J.

The questions raised in the appeal are predicated upon the refusal of the trial judge to give certain written charges requested by -the defendaiit. While it is noted in the record that the clerk will here set out the court’s oral charge, an examination of the record fails to disclose the same, and the ruling of this and the Supreme Court is to the effect that, in the absence of the oral charge of. the court, the written refused charges will not be reviewed, in that they may have been covered by the oral charge; in fact the presumption being they were so covered, in the absence of the oral charge. Climer et al. v. St. Clair et al., 200 Ala. 656, 77 South. 30.

The proceedings and judgment appearing to be regular, the case must be affirmed.

Affirmed.

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MERRITT, J.

The questions raised in the appeal are predicated upon the refusal of the trial judge to give certain written charges requested by -the defendaiit. While it is noted in the record that the clerk will here set out the court’s oral charge, an examination of the record fails to disclose the same, and the ruling of this and the Supreme Court is to the effect that, in the absence of the oral charge of. the court, the written refused charges will not be reviewed, in that they may have been covered by the oral charge; in fact the presumption being they were so covered, in the absence of the oral charge. Climer et al. v. St. Clair et al., 200 Ala. 656, 77 South. 30.

The proceedings and judgment appearing to be regular, the case must be affirmed.

Affirmed.

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Bluebook (online)

84 So. 859, 17 Ala. App. 310, 1920 Ala. App. LEXIS 7, Counsel Stack Legal Research, https://law.counselstack.com/opinion/tucker-v-state-alactapp-1920.

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