Case law

Otwell v. City of Birmingham

23 Ala. App. 299 · Alabama Court of Appeals · Nov 5, 1929

Brown, witness for the city, tended to show that she was the owner of the garage in question, and that she had rented said garage to this appellant on the day before the arrest was made, and that at the time she rented it … Harbin v. State, 10 Ala. App. 623, 626 , 99 So. 740 (on rehearing). Ex parte State ex rel. Attorney General (Harbin v. State) 210 Ala. 55 , 97 So. 426 .

Barefield v. State

30 Ala. App. 243 · Alabama Court of Appeals · Jun 24, 1941

Wells v. State 29 Ala.App. 586 , 199 So. 253 ; Emerson v. State, ante, p. 89, 1 So.2d 604, 605 . … Barnes: If, you, as trustee of that church, made any objection to the Alabama Beverage Control Board about beer being sold at the Teal place ? A.

Killen v. State

16 Ala. App. 31 · Alabama Court of Appeals · Mar 23, 1917

BROWN, P. J. [1] The particulars of the previous difficulty occurring at midnight on the night before the homicide and the fact of deceased’s intoxication at that time were not material. Allsup v. … Brewer v. State, 160 Ala. 66 , 49 South. 336 ; Langham v. State, 12 Ala. App. 46 , 68 South. 504 .

Bryant v. State

31 Ala. App. 355 · Alabama Court of Appeals · Mar 28, 1944

Chaney v. State, 29 Ala.App. 225 , 194 So. 700 ; Brown v. State, 30 Ala.App. 5 , 200 So. 637 , certiorari denied, 240 Ala. 648 , 200 So. 640 . … This evidence was material to the issue of intent to kill (Bodine v. State, 18 Ala.App. 514 , 93 So. 264 ), and has been held relevant as of the res gestae of the offense (Phillips v.

Little v. State

16 Ala. App. 493 · Alabama Court of Appeals · Jun 11, 1918

The judgment is affirmed, upon authority of Carroll Little v. State, ante, p. 492, 79 South. 397 , present term, by Brown, P. J. Affirmed.

Williams v. Hayes

16 Ala. App. 321 · Alabama Court of Appeals · Jan 22, 1918

*322 BROWN, P. J. The first count of the complaint is in trespass' for false imprisonment, and the second in case for malicious prosecution. … Fields v. Karter, 121 Ala. 329 , 25 South. 800 ; Springfield Fire Ins. Co. v. De Jarnett, 111 Ala. 248 , 19 South. 995 ; Boshell v. Cunningham, 200 Ala. 579 , 76 South. 937 . Reversed and remanded.

State Ex Rel. Farmer v. Haas

29 Ala. App. 169 · Alabama Court of Appeals · Jan 30, 1940

Section 6748 of the Code deals with the general powers and duties of boards of revenue and like boards of the several counties of the State. … Ballentyne v. Wickersham, 75 Ala. 533 ; Houston County Board of Revenue v. Poyner, 236 Ala. 384 , 182 So. 455 .

Ragland v. State

16 Ala. App. 76 · Alabama Court of Appeals · Apr 17, 1917

BROWN, P. J. This case is identical with the case of John Ragland v. State, ante, p. 74, 75 South. 280 , present term, and is affirmed on the authority of that case. Affirmed.

Johnson v. State

45 Ala. App. 40 · Alabama Court of Appeals · Apr 29, 1969

State v. Freeman, supra; Harris v. State, 257 Ala. 3 , 60 So.2d 266 ; Pierce v. Holcombe, 37 Ala.App. 305 , 67 So.2d 278 . … “See also Boothe v.

McDuffie v. State

27 Ala. App. 403 · Alabama Court of Appeals · Feb 2, 1937

Justice Brown, writing) that: “Where it appears * * * that the witness inspected the bottle [or other receptacle, we interpolate], and smelled * * * the contents thereof, no reason appears [which we understand to be the Supreme … Johnson v. State, 222 Ala. 90 , 130 So. 777, 778 . So the holdings to a contrary effect in the cases of Mathews v. State, Anderson et al. v. State, and Watson v.

Cotton v. State

36 Ala. App. 418 · Alabama Court of Appeals · Feb 19, 1952

See Brown v. State, 33 Ala.App. 97 , 31 So.2d 670 , and cases therein cited. The conviction of the accused did not depend on circumstantial evidence. Therefore charge number 4 was properly refused. Davis v. … State, 8 Ala.App. 147 , 62 So. 1027 ; Brown v. State, supra; Ledbetter v. State, 34 Ala.App. 35 , 36 So.2d 564 . The same is true of charge number 7.

Skinner v. State

36 Ala. App. 434 · Alabama Court of Appeals · Feb 19, 1952

Brown v. State, *436 21 Ala.App. 371 , 108 So. 625 ; Duncan v. State, 20 Ala.App. 209 , 101 So. 472 . … Such principle may be inferred from dictum in Brown v. State, supra. We do not consider this dictum sound.

Griffin v. Fowler

17 Ala. App. 44 · Alabama Court of Appeals · Nov 19, 1918

BROWN, P. J. Under the provisions of section 2879 of the Code, as amended by act approved September 22, 1915, appellant, on the facts stated in her affidavit, was entitled to appeal without bond or security for costs. … Rep. 128 ; Brown v. A. G. S. R. R. Co., 87 Ala. 370 , 6 South. 295 ; Birmingham Min. R. R. Co. v. Parsons, 100 Ala. 662 , 13 South. 602 , 27 L. R. A. 263, 46 Am. St.

Burk v. State

16 Ala. App. 110 · Alabama Court of Appeals · May 29, 1917

BROWN, P. J. The only questions presented for review arise from the refusal of certain special charges requested by. the defendant. … Pearce v. State, 115 Ala. 115 , 22 South. 502 ; McCombs v.

Brewer v. State

15 Ala. App. 681 · Alabama Court of Appeals · Apr 3, 1917

BROWN, P. J. (1, 2) The defendant was convicted of the offense denounced by section 6897, Code 1907, and the evidence shows that the house shot at or into was the dwelling house of J. L. Lindley. … “Any other ruling nullifies the plain terms of the stat ute.” — Eiland v. State, 52 Ala. 322 ; A. G. S. R. R. Co. v. Moody, 92 Ala. 285 , 9 South. 238 ; Williams v. State, 113 Ala. 63 , 21 South. 463 ; Schieffelin v.

Phillips v. Hartselle

17 Ala. App. 79 · Alabama Court of Appeals · Apr 8, 1919

BROWN, P. J. … Hardison v. Plummer, 152 Ala. 619 , 44 South. 591 ; Boswell & Wooley v. Carlisle, Jones & Co., 70 Ala. 244 ; Bank of Andalusia v.

State v. Stein

29 Ala. App. 565 · Alabama Court of Appeals · Jun 29, 1940

See, however, Stratford v. City Council of Montgomery, 110 Ala. 619 , 20 So. 127 ; Robbins v. Shelby County Taxing Dist., 120 U.S. 489 , 502 , 7 S.Ct. 592 , 30 L.Ed. 694 ; Stockard et al. v. … Morgan et al., 185 U.S. 27 , 22 S.Ct. 576 , 46 L.Ed. 785 ; Brown v. Maryland, 12 Wheat. 419, 444 , 6 L.Ed. 678 .

Jeffers v. Wharton

29 Ala. App. 428 · Alabama Court of Appeals · Nov 28, 1939

City of Mobile v. Board of R. R. Com'rs of Mobile Co., 180 Ala. 514 , 61 So. 368 ; Caldwell v. Dunklin, 65 Ala. 461 ; Shinbone v. Randolph County, 56 Ala. 183 ; State ex rel. Holcombe v. Stone, 26 Ala. … Farwell v. City of Rockland, supra.

Hails v. State

16 Ala. App. 132 · Alabama Court of Appeals · May 29, 1917

Vines v. State, 67 Ala. 73 ; State ex rel. Crumpton v. Montgomery, etc., 177 Ala. 212 , 59 South. 294 ; State v. Roden, 15 Ala.App. 385 , 73 South. 662 . In the case of State v. Roden, supra, Mr. … Judge Brown, as hereinbefore stated, in his opinion in the same case, recognizes the same rule, and Mr.

Allen v. Town of Thomaston

17 Ala. App. 16 · Alabama Court of Appeals · Mar 18, 1919

BROWN, P. J. On the authority of Miles v. City of Montgomery, 8I South. 351, 2 the judgment of the court on the demurrers to the complaint is erroneous, and must be reversed. … App. 592 , 80 South. 166 ; Glenn v. City of Prattville, 14 Ala. App. 621 , 71 South. 75 . Reversed and remanded. 2 Ante, p. 15.