From Casetext: Smarter Legal Research

Campbell v. State

Supreme Court of Alabama
Jun 2, 1927
112 So. 902 (Ala. 1927)

Opinion

6 Div. 917.

April 21, 1927. Rehearing Denied June 2, 1927.

Thos. E. Orr, of Albertville, and Prosch Prosch, J. S. McLendon, and O. D. Street Son, all of Birmingham, for appellant.

Where the record shows that evidence has been erroneously admitted, prejudice will be presumed, and the burden is on the appellee to show affirmatively that no prejudice resulted. 4 C. J. 912; Tenn. Coal Co. v. State, 141 Ala. 103, 37 So. 433; Bolton v. Cuthbert, 132 Ala. 403, 31 So. 358, 90 Am. St. Rep. 914; Deal v. Houston County, 201 Ala. 434, 78 So. 809; C. of G. v. Teasley, 187 Ala. 616, 65 So. 981; Coffman v. L. N., 184 Ala. 474, 63 So. 527; Brandon v. Progress Dist. Co., 167 Ala. 365, 52 So. 640; Shields v. Henry, 31 Ala. 53; Pool v. Devers, 30 Ala. 672; Thomas v. De Graffenreid, 27 Ala. 658; Moore v. Clay, 24 Ala. 235, 60 Am. Dec. 461; Brown v. Grayson, 17 Ala. App. 463, 86 So. 121.

Charlie C. McCall, Atty. Gen., for the State.

Brief of counsel did not reach the Reporter.


PER CURIAM. Writ denied.

ANDERSON, C. J., and SOMERVILLE, THOMAS, and BROWN, JJ., concur.

On Rehearing.


The Court of Appeals in disposing of the petitioner's case applied the doctrine of error without injury to the matter now complained of, without stating the facts in the opinion on which the conclusion of error without injury was predicated.

The settled rule here is that we will not, on application for the writ of certiorari, review that court on such question unless the statement of the facts in the opinion is such as authorizes a review. This court will not look to the record in the case to determine whether or not the doctrine has been improperly applied, as this would necessitate a review of the Court of Appeals on the facts or the application of the law to the facts. Ex parte Steverson, 211 Ala. 597, 100 So. 912; Postal Telegraph-Cable Co. v. Minderhout, 195 Ala. 420, 71 So. 91; Kirkwood v. State, 184 Ala. 9, 63 So. 990; Ex parte Western Union Tel. Co., 183 Ala. 451, 63 So. 88.

Application overruled.

ANDERSON, C. J., and SOMERVILLE, THOMAS, and BROWN, JJ., concur.


Summaries of

Campbell v. State

Supreme Court of Alabama
Jun 2, 1927
112 So. 902 (Ala. 1927)
Case details for

Campbell v. State

Case Details

Full title:CAMPBELL v. STATE

Court:Supreme Court of Alabama

Date published: Jun 2, 1927

Citations

112 So. 902 (Ala. 1927)
112 So. 902

Citing Cases

Birmingham Electric Co. v. Echols

The claimed defect was cured by the oral charges of the court and charge given for defendant. Southern R. Co.…

Weaver v. State

In reviewing the decision of the Court of Appeals, on certiorari, as to matters of fact, this court will not…