DocketNumber: 8 Div. 265.
Citation Numbers: 85 So. 785, 204 Ala. 389
Judges: GARDNER, J.
Filed Date: 6/26/1920
Status: Precedential
Modified Date: 1/11/2023
Upon the original consideration of this cause by the Court of Appeals, the judgment of conviction was reversed for error in the oral charge to the jury, the nature of which sufficiently appears in the opinion of that court.
We think the majority opinion is in error in this respect. Subsequent to the act of 1915, above referred to, the precise question was first presented to this court and decided contrary to the holding in the instant case in McPherson v. State,
A reversal, however, of the judgment of that court does not result for the reason, upon consideration of the cause on rehearing, the court found reversible error as to a question of evidence, and the law enunciated upon this particular question by the court in its opinion is not questioned by the state. It is insisted by the state, however, that reversal should not have been rested upon this latter question as it was presented for the first time by counsel for appellant upon consideration of the application for rehearing on the part of the state. There is no merit in this insistence, as in cases of this character it is the duty of the court to carefully examine the record for the ascertainment of any reversible error, and the Court of Appeals was acting clearly within its province in passing upon this question upon application for rehearing, as much so as upon original consideration.
It results, therefore, that the writ will be denied.
Writ denied.
ANDERSON, C. J., and SAYRE and BROWN, JJ., concur. *Page 390
Whittle v. State , 205 Ala. 639 ( 1921 )
Russell v. State , 219 Ala. 567 ( 1929 )
Spencer v. State , 228 Ala. 537 ( 1934 )
Anderson v. State , 209 Ala. 36 ( 1922 )
Stone v. State , 208 Ala. 50 ( 1922 )
Ballard v. State , 767 So. 2d 1123 ( 1999 )
Wilson v. State , 20 Ala. App. 137 ( 1924 )
Hall v. State , 18 Ala. App. 407 ( 1922 )
Montgomery v. State , 17 Ala. App. 469 ( 1920 )
Crumpton v. State , 402 So. 2d 1081 ( 1981 )
Chisler v. State , 553 So. 2d 654 ( 1989 )