Whisenant v. State

137 So. 457, 223 Ala. 550, 1931 Ala. LEXIS 549
CourtSupreme Court of Alabama
DecidedOctober 8, 1931
Docket7 Div. 74.
StatusPublished
Cited by4 cases

This text of 137 So. 457 (Whisenant v. State) 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
Whisenant v. State, 137 So. 457, 223 Ala. 550, 1931 Ala. LEXIS 549 (Ala. 1931).

Opinion

ANDERSON, C. J.

The only question presented to this court by the petition and brief relates to the ruling of the trial court on the admissibility of certain evidence. We find no decision or treatment" by the Court of Appeals, in its opinion, of this question, and cannot therefore review said court under the present proceeding upon a question of law. If, as counsel suggest, the question was argued and insisted upon in said court, it should have been so treated as to enable the defendant .to present the question to this court. But, as such was not done, the mere general statement by the Court of Appeals, “We see nowhere prejudicial error,” is not sufficient to call upon this court to pass on a legal question not discussed or treated by the Court of Appeals.

Writ denied.

GARDNER, BOULDIN, and FOSTER, JJ., concur.

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Related

Birmingham Gas Co. v. Sanders
162 So. 532 (Supreme Court of Alabama, 1935)
Morris v. State
151 So. 888 (Supreme Court of Alabama, 1933)
Loveman, Joseph & Loeb v. Himrod
147 So. 163 (Supreme Court of Alabama, 1933)
McNutt v. State
142 So. 774 (Supreme Court of Alabama, 1932)

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Bluebook (online)
137 So. 457, 223 Ala. 550, 1931 Ala. LEXIS 549, Counsel Stack Legal Research, https://law.counselstack.com/opinion/whisenant-v-state-ala-1931.