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Tyler v. State

Supreme Court of Alabama
Jun 28, 1923
210 Ala. 96 (Ala. 1923)

Summary

reversing judgment of Tyler v. State, 19 Ala. App. 380, 97 So. 573

Summary of this case from Embrey v. State

Opinion

6 Div. 942.

May 24, 1923. Rehearing Denied June 28, 1923.

Harwell G. Davis, Atty. Gen., and Lamar Field, Asst. Atty. Gen., for the State.

There was no prejudicial error in overruling defendant's motion to exclude the argument of the solicitor. Childress v. State, 86 Ala. 86, 5 So. 755; Cross v. State, 68 Ala. 476; Olden v. State, 176 Ala. 6, 58 So. 307; Sharp v. State, 193 Ala. 28, 69 So. 122; Lide v. State, 133 Ala. 50, 31 So. 953; Jackson v. State, 136 Ala. 25, 34 So. 188; Brown v. State, 121 Ala. 11, 25 So. 744; Blalock v. State, 8 Ala. App. 349, 63 So. 26; Dollar v. State, 99 Ala. 236, 13 So. 575.

Pinkney Scott, of Bessemer, for appellee.

In support of the holding of the Court of Appeals, counsel cites the authorities cited in that opinion.


The court is of the opinion, and so holds, that so much of the argument of the solicitor as was made reversible error by the Court of Appeals should not have reversed the judgment of the trial court under the case of Olden v. State, 176 Ala. 6, 58 So. 307. The certiorari is accordingly awarded, and the judgment of the Court of Appeals is reversed, and the cause is remanded to said court for further action in conformity with this opinion.

Writ awarded and reversed and remanded.

All the Justices concur.


Summaries of

Tyler v. State

Supreme Court of Alabama
Jun 28, 1923
210 Ala. 96 (Ala. 1923)

reversing judgment of Tyler v. State, 19 Ala. App. 380, 97 So. 573

Summary of this case from Embrey v. State

In Ex parte State ex rel. Davis, 210 Ala. 96, 97 So. 573 (reversing judgment of Tyler v. State, 19 Ala. App. 380, 97 So. 573), the solicitor in his argument said: "We have got too much killing around here.

Summary of this case from Embrey v. State
Case details for

Tyler v. State

Case Details

Full title:Ex parte STATE, ex rel. DAVIS, Atty. Gen. TYLER v. STATE

Court:Supreme Court of Alabama

Date published: Jun 28, 1923

Citations

210 Ala. 96 (Ala. 1923)
97 So. 573

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