General
Fred BALLARD et al. v. STATE
252 Ala. 60542 So. 2d 473·Alabama Supreme Court·1949·AL
FOSTER, LAWSON and SIMPSON, JJ., concur.
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Opinion
42 So.2d 473
Fred BALLARD et al. v. STATE.
8 Div. 529.
Supreme Court of Alabama.
Oct. 13, 1949.
Fred Fite, of Hamilton, for petitioners.
A. A. Carmichael, Atty. Gen., and Thos. F. Parker, Asst. Atty. Gen., opposed.
[MAJORITY — BROWN, Justice.]
BROWN, Justice.
We concur with the opinion of the Court of Appeals that the evidence in the case, fully set out in the opinion of the Court of Appeals, presented a jury question. Howard v. State, 108 Ala. 571, 18 So. 813.
We also concur in the holding that charges 4 and 5 requested in writing were refused without error.
Writ of certiorari is, therefore, denied and petition dismissed.
FOSTER, LAWSON and SIMPSON, JJ., concur.