General

SMITH v. STATE

24 Ala. App. 241133 So. 741·Alabama Court of Appeals·1931·AL

Brief incoming

Hand-reviewed Bluebook brief (procedural posture, facts, issue, holding, reasoning, dissent) ships once the AI generation pipeline runs through this case. Join the waitlist to get notified when 1L briefs go live.

Opinion

(133 So. 741) SMITH v. STATE. 5 Div. 814. Court of Appeals of Alabama. Feb. 10, 1931. Rehearing Denied April 7, 1931. Charlie C. McCall, Atty. Gen., for the State. [MAJORITY — SAMFORD, J.] SAMFORD, J. The evidence was in conflict, making a jury question as to the guilt vel non of the defendant. The affirmative charge was properly refused. Defendant’s refused charge, which for convenience we have marked 3, is invasive of the province of the jury. Refused charge 4 is covered by the general charge. We find no error in the record, and the judgment is affirmed. Affirmed.