Case law

Simpson v. State

43 Ala. App. 58 · Alabama Court of Appeals · Oct 13, 1965

Under Lane v. Brown, 372 U.S. 477 , 83 S.Ct. 768 , 9 L.Ed.2d 892 , a State must (as under Griffin v. … Though we suspect that the trial judge correctly relied on the principle of decision in McIntosh v. Commonwealth, Ky., 368 S.W.2d 331 , nevertheless Lane v. Brown, supra, Draper v.

Davenport v. State

34 Ala. App. 204 · Alabama Court of Appeals · Jan 11, 1949

Appellant left the home of Mattie Brown alone, but was almost immediately followed by the deceased. Both were seen running up the street. … Austin v. State, 30 Ala.App. 267 , 4 So.2d 442 ; Tolbert v. State, 31 Ala. App. 301 , 15 So.2d 745 .

Eaton v. State

16 Ala. App. 405 · Alabama Court of Appeals · Mar 12, 1918

BROWN, P. J. [1] Where there is a sale of goods to be paid for in cash on delivery, payment and delivery are concurrent acts, and payment is a condition precedent to passing title to the vendee. … Cas. 1916E, 727; Commonwealth v. Mulrey, 170 Mass. 103 , 49 N. E. 91 ; Brown v. State, 37 Tex. Cr. R. 104 , 38 S. W. 1008 , 66 Am. St. Rep. 794 ; Commonwealth v. Beckett, 119 Ky. 817 , 84 S. W. 758 , 68 L. R.

McClendon v. Henderson Land & Development Co.

9 Ala. App. 480 · Alabama Court of Appeals · Nov 25, 1913

We think the case of Jowers v. Brown, 137 Ala. 582 , 34 South. 827 , conclusive of the question. … Both must make the demand, and both must join as plaintiffs in the action. — Jowers v. Brown, supra. The judgment of the lower court is affirmed. Affirmed.

McKee v. Chilton County

19 Ala. App. 392 · Alabama Court of Appeals · Oct 16, 1923

For, while it is decided (Montgomery County v. … Board of Education of Escambia County v. Watts (Ala. App.) 95 South. 499 ; 1 Ryan v. Humphries, 50 Okl. 343 , 159 Pac. 1106 , L. R. A. 1915F, 1047; City of Mobile v. Mobile Elec. Co., 203 Ala. 574 , 84 South. 816 .

Rolls v. State

35 Ala. App. 283 · Alabama Court of Appeals · Apr 25, 1950

Kozlowski v. … Anderson v. State, 160 Ala. 79 , 49 So. 460 ; Gunn v. State, 7 Ala.App. 132 , 61 So. 468 ; Bridgeforth v. State, 15 Ala.App. 502 , 74 So. 402 ; Pollard v. Williams, 238 Ala. 391 , 191 So. 225 .

Phillips v. State

41 Ala. App. 393 · Alabama Court of Appeals · Oct 3, 1961

Warden of Md., 194 Md. 707 , 69 A.2d 919, 920 , “The Board of Corrections has full power and .control over the House of Corrections. * .* * Such complaints should be made to the Board of Corrections. … It cannot be assumed that the Board will abuse or has abused its powers.” And in Taylor v.

Lacy v. State

13 Ala. App. 267 · Alabama Court of Appeals · Jun 30, 1915

v. … State, 142 Ala. 287 , 38 South. 268 ; Brown v. State, 150 Ala. 25 , 43 South. 194 ; 1 Mayf. Dig. 173; 5 Mayf. Dig. 127; 6 Mayf. Dig. 111.

Thomas v. State

41 Ala. App. 674 · Alabama Court of Appeals · Jan 22, 1963

Lock v. State, 21 Ala.App. 81 , 105 So. 431 ; Rikard v. State, 31 Ala.App. 374 , 18 So.2d 435 ; Vandiver v. State, 37 Ala. App. 526 , 73 So.2d 566 ; Hudson v. … See also White v. Lyon, 246 Ala. 279 , 20 So.2d 523 .

Stone v. State Ex Rel. Laurendine

24 Ala. App. 101 · Alabama Court of Appeals · Oct 7, 1930

Commissioners’ Court v. Moore, 53 Ala. 25 ; Mobile County v. Williams, 180 Ala. 639 , 61 So. 963 ; Fountain v. State ex rel. Hybart, 211 Ala. 586 , 100 So. 892 . … Bibb v. Gaston, 146 Ala. 434 , 40 So. 936 ; State ex rel. King et al. v. County Board of Education, 214 Ala. 620 , 108 So. 588 . The trial judge heard the case as presented by the record in its entirety.

Cooper v. Houston County

40 Ala. App. 192 · Alabama Court of Appeals · Feb 17, 1959

See Ivey v. Railway Fuel Co., 218 Ala. 407 , 118 So. 583 ; City of Montgomery v. American Ry. Exp. Co., 219 Ala. 476 , 122 So. 639 . Counts 1 and 2 were in code form. … Webb v. Litz, 39 Ala.App. 443 , 102 So.2d 915 .

Lowe v. State

32 Ala. App. 176 · Alabama Court of Appeals · Jun 26, 1945

Berry v. State, 231 Ala. 437 , 165 So. 97, 99 . See also, Tidwell v. State, 23 Ala.App. 409 , 126 So. 186 ; Smith v. State, 230 Ala. 413 , 161 So. 538 ; Brown et al. v. State, 31 Ala.App. 529 , 19 So.2d 88 . … Caravella Shoe Co. v. Hubbard, 201 Ala. 545 , 78 So. 899 ; Brown v. Brown, 200 Ala. 554 , 76 So. 912 ; Goodwin v. Aaron, 203 Ala. 677 , 85 So. 17 ; Sharp v. Clopton, 218 Ala. 140 , 117 So. 647 .

Harwell v. State

12 Ala. App. 265 · Alabama Court of Appeals · Feb 11, 1915

BROWN, J. … Co. v. McLendon, 63 Ala. 266 ; Carney v. State, 79 Ala. 14 ; Jenkins v. State, 82 Ala. 28 , 2 South. 150 ; James v. State, 104 Ala. 20 , 16 South. 94 ; 1 Mayf. Dig. 337, § 4951/2; Stout’s Mountain Coal & Coke Co. v.

Jessup v. State

43 Ala. App. 517 · Alabama Court of Appeals · Dec 13, 1966

“As shown above, the trial court strongly instructed the jury that they should decide the case on the evidence presented to them and should not be concerned with any future action which might be taken by a parole board. * … We dis *522 tinguish the facts here from those in Brown v. State, 42 Ala.App. 125 , 154 So.2d 758 . We have carefully considered the entire record and consider the judgment below is due to be ' Affirmed.

Henderson v. State

15 Ala. App. 1 · Alabama Court of Appeals · Aug 1, 1916

The rulings of the court in this particular were entirely correct. — Garrett v. State, 76 Ala. 18 . (3) The answer of the witness Brown to the question: “And your father said something,.didn’t he?” … . — Peel v. State, 144 Ala. 125 , 39 South. 251 . See, also, Gibson v. State, 8 Ala.

England v. State

23 Ala. App. 393 · Alabama Court of Appeals · Feb 11, 1930

Brown the relative sizes of the two men she saw standing in front of the store where the burglary was committed about twenty minutes after one o’clock at night. … Edgar Sims v. State, ante, p. 387, 126 So. 498 . We find no error upon the trial of this case. The judgment of conviction from which this appeal was taken will stand affirmed. Affirmed.

Simmons v. State

14 Ala. App. 103 · Alabama Court of Appeals · May 18, 1916

BROWN, J. … .— James v. State, 170 Ala. 72 , 54 South. 494 ; Tannehill v. State, 159 Ala. 51 , 48 South. 662 .

Sims v. State

23 Ala. App. 594 · Alabama Court of Appeals · Jun 30, 1930

Clemons v. State, 167 Ala. 20 , 52 So. 467 . Refused charges a, b, and e state correct propositions of law and should have been given. Brown v. State, 118 Ala. 111 , 23 So. 81 ; Veasey v. State, 20 Ala. … App. 478 , 103 So. 67 ; Motes v. State, 20 Ala. App. 195 , 101 So. 286 ; Fetner v. State, 22 Ala. App. 128 , 113 So. 467 ; Brown v. State, 22 Ala. App. 290 , 115 So. 68 .

Turner v. State

17 Ala. App. 514 · Alabama Court of Appeals · Jun 22, 1920

The witness Emmet Brown reached deceased immediately after the difficulty, while she was still on the ground. … Ev. pp. 153-158; Rowlan v. State, 14 Ala. App. 20 , 70 South. 953 ; Jones v. State, 156 Ala. 180 , 47 South. 100 .

Murray v. State

13 Ala. App. 175 · Alabama Court of Appeals · Jun 10, 1915

BROWN, J. … —Brunson v. State, 124 Ala. 37 , 27 South. 410 ; Cooley v. State, 7 Ala. App. 163 , 62 South. 292 ; Brown v. State, 7 Ala. App. 26 , 61 South. 12 ; Ward v. State, 182 Ala. 1 , 62 South. 703 ; Spicer v.