# Marsh v. State

> Alabama Court of Appeals · May 28, 1918 · 16 Ala. App. 597

URL: https://www.frixlaw.com/law-library/cases/9824847

## Case

- **Full name:** MARSH Et Al. v. STATE
- **Court:** Alabama Court of Appeals
- **Decided:** May 28, 1918
- **Citations:** 16 Ala. App. 597; 80 So. 171; 1918 Ala. App. LEXIS 273
- **Precedential status:** Published
- **Opinion:** On rehearing
- **Judges:** Brown
- **Cited by:** 7 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/9824847

## Opinion text

On Rehearing.
[6] While it would not constitute reversible error for .the trial court to permit questions of the character here . involved, although they technically violate the rule against allowing questions that assume facts of which there is no evidence (Gilliland v. Dunn & Co., 136 Ala. 327 , 34 South. 25 ), tHfe court does not commit error in upholding the rule by sustaining an appropriate objection to such question.
We did not overlook the fact that the state’s witness Mrs. Lee was also impeached, but we do not see the pertinency of the fact to the question presented for review.
Application overruled.

---

Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9824847. Public record. Not legal advice.