Opinion

Curry v. State

  • 25 Ala. App. 317
  • 146 So. 81
  • 1933 Ala. App. LEXIS 16
Court
Alabama Court of Appeals
Filed
Feb 7, 1933
Status
Published
Author
Rice
On the bench
Rice
Cited by
1 cases
Authority
More cited than 55.6%

The opinion

RICE, J.

This case was tried jointly with the cases of the State against Lee Cafter, alias B© Lee Carter, and one of the State against Jes

*318

sie Mincey. All three defendants were convicted ; two of them, of which this appellant is one, duly appealing to

this

court; and one of them, Lee Carter, alias, etc., duly appealing to the Supreme Court. Identical questions are involved in the

three

appeals.

The decisions of the Supreme Court, of course, control us. Code 1923, § 7318.

That court, for reasons? or a reason, set out in an opinion by Mr. Justice Foster, concurred in by Mr. Justices Thomas, Bouldin, Brown, and Knight, has reversed the judgment of conviction in the said Lee Carter, alias, etc., case, and remanded the cause. See •Lee Carter-, alias Bo Lee Carter, v. State (Ala. Sup.) 145 So. 814 .

1

That decides the disposition of this appeal, for us, whatever we might think of the relative merits of the views expressed by Mr. Justice Foster, and concurred in by a majority of the Supreme Court, and those dissenting therefrom expressed by Mr. Chief Justice Anderson, and concurred in by Mr. Justice Gardner. Code 1923, § 7318.

Upon the authority of the decision of the Supreme Court, above, the judgment here appealed from is reversed, and the cause remanded. Code 1923, § 7318.

Reversed and remanded.

1

226 Ala. 96 .

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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