Summary
reversing judgment of Tyler v. State, 19 Ala. App. 380, 97 So. 573
Summary of this case from Embrey v. StateOpinion
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.