# Warren v. State

> Alabama Court of Appeals · November 7, 1967 · 44 Ala. App. 221

URL: https://www.frixlaw.com/law-library/cases/9527250

## Case

- **Full name:** Homer WARREN v. STATE
- **Court:** Alabama Court of Appeals
- **Decided:** November 7, 1967
- **Citations:** 44 Ala. App. 221; 205 So. 2d 916; 1967 Ala. App. LEXIS 471
- **Precedential status:** Published
- **Opinion:** Dissent by Johnson
- **Judges:** Price, Johnson
- **Cited by:** 18 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9527250

## Opinion text

JOHNSON, Judge
(dissenting).
The law of Alabama places the duty upon the trial judge, after hea'ring and evaluating all of the evidence admitted with reference thereto, to decide whether or not appellant’s confession is admissible and further places the duty upon the trial jury to determine and pronounce the guilt or innocence of the appellant after hearing and considering all of the evidence under the rules of law given by the court, including the “confession”. These general principles governing criminal practice have long been prevailing.
After reading and carefully considering' all of the evidence, including the degree of' intoxication of appellant, and the obvious findings of the trial court and the jury, respectively, in the light of the rules herein-pronounced, it is my opinion that there was no reversible error in this record and that-this cause is due to be affirmed.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9527250. Public record. Not legal advice.