Ballard v. State

Full title: Fred BALLARD et al. v. STATE

Court: Supreme Court of Alabama

Date published: Oct 13, 1949

252 Ala. 605 (Ala. 1949)

42 So. 2d 473

Opinion

8 Div. 529.

October 13, 1949.

Fred Fite, of Hamilton, for petitioners.

A. A. Carmichael, Atty. Gen., and Thos. F. Parker, Asst. Atty. Gen., opposed.

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.