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117 So. 801

Crews v. State

Decided June 29, 1928

Relies on Koch v. State · McConnell v. Adair · Love v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1928-06-29

How this case has been cited

Cited by 9 later decisions — most recently June 1978

9 state decisions

30192819301940195019601970decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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SOMERVILLE, J.

¶1 (answering the foregoing inquiry). "We are of the opinion that the charge in question is, upon its face, subject to objection, and may be properly refused. We think, also, it could be giveh without error. The objection to its giving is stated in Koch v. State, 115 Ala. 99, 105, 22 So. 471, 473, where it is said:

¶2 “Such a charge is not in keeping with the well-established procedure for the proper determination of the issues in a cause, in which a party always invites the jury to believe, and avouches the truth of the evidence he introduces. He may not, therefore, in an instruction he asks, predicate a verdict in his favor upon a disbelief by the jury of> his own evidence.”

¶3 See, also, McConnell v. Adair, 147 Ala. 599, 41 So. 419, and Love v. State, ante, p. 66, 117 So. 400.

All the Justices concur.
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