Opinion

Coats v. State

  • 252 Ala. 666
  • 42 So. 2d 593
  • 1949 Ala. LEXIS 529
Court
Supreme Court of Alabama
Filed
Oct 27, 1949
Status
Published
Author
Simpson
On the bench
Simpson, Brown, Foster, Livingston, Lawson, Stakely
Cited by
1 cases
Authority
More cited than 57.5%

The opinion

SIMPSON, Justice.

The Court of Appeals reversed the judgment of conviction because “some of the indicated excerpts from the court’s oral charge involve suggestions and intimations by the trial judge which cast discredit on the defendant’s claim of his innocence” and because “the jury

could have

placed this interpretation on some remarks contained in .the assertions.” (Emphasis supplied.)

We take it that by this conclusion the Court of Appeals meant that the trial court’s comments on the evidence probably resulted in prejudicial injury to the defendant. If so, a reversal was due. Kabase v. State, 244 Ala. 182 , 12 So.2d 766 (2).

So considered, the writ will be denied.

Writ denied.

BROWN, FOSTER, LIVINGSTON, LAWSON and STAKELY, JJ., concur.

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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