Opinion

Brown v. State

  • 33 Ala. App. 152
  • 31 So. 2d 652
  • 1947 Ala. App. LEXIS 438
Court
Alabama Court of Appeals
Filed
May 6, 1947
Status
Published
On the bench
Carr
Cited by
13 cases

The opinion

On Rehearing

On application for rehearing our attention is called to the following portion of our original opinion: “There is another , reason why we would not be authorized to charge error here. When the witness. Wyatt was being examined by the State,, it was proven by him that the defendant told the witness that he (the defendant) stayed in Selma the night before in jail and this because he was drinking and had a fight.”

It is insisted that the witness Wyatt did not testify that the defendant told him that he had been drinking in Selma the night before. Appellant’s counsel is correct. What the witness Wyatt did, in fact, testify was that the defendant told him that he (the defendant) stayed in Selma the night before in jail because he had a fight.

There was much testimony with reference to the defendant’s experiences in Selma the night before the homicide in question. It was established without conflict that he was. drinking on this visit. In fact, the defendant himself testified without objection that he “drank a few bottles of beer the night before.”

*157 The deep impression of the undisputed facts in this regard led us to make the inadvertent inclusion when we recited the testimony of the witness Wyatt.

We entertain the view, however, that this erroneous observation in no manner alters the conclusion that we reached that proof of the fact that the accused was drinking in Selma the night before was not harmful to the substantial rights of the appellant.

To respond to the other insistences made on application for rehearing would result in a reiteration of what we set out originally.

We adhere to the holdings in our original opinion.

Application for rehearing overruled.

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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