# Cook v. State

> Alabama Court of Appeals · June 22, 1920 · 17 Ala. App. 611

URL: https://www.frixlaw.com/law-library/cases/9825336

## Case

- **Full name:** Cook v. State.
- **Court:** Alabama Court of Appeals
- **Decided:** June 22, 1920
- **Citations:** 17 Ala. App. 611; 88 So. 58; 1920 Ala. App. LEXIS 229
- **Precedential status:** Published
- **Opinion:** On rehearing
- **Judges:** Samford
- **Cited by:** 3 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/9825336

## Opinion text

On Rehearing.
[11] The writer of the original opinion is’ content to rest his conclusion as to the refusal of the court to give the affirmative charge as requested by the defendant, on the reasons stated in the opinion, but the other members of the court suggest, and in the suggestion ,all concur, that, in addition to the reasons heretofore stated, this cause cannot be reversed on account of the refusal to give the affirmative charge; it nowhere appearing in the record that the trial court’s attention was called to the variance in time as here insisted upon. Circuit court rule 35; Stith Coal Co. v. Harris, 14 Ala. App. 181 , 68 South. 797 ; Ray v. State, 16 Ala. App. 496 , 79 South. 620 ; Hendrix v. State, 11 Ala. App. 207 , 65 South. 682 .
The application for rehearing is overruled.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9825336. Public record. Not legal advice.