Nicholson v. State

Decided February 7, 1907

Supreme Court of Alabama · decided 1907-02-07

Appear from Gadsden City Court. Heard before Hon. J. H. Disque. Tlie defendant' Avas indicted, tried, and convicted of using abusive, insulting, or obscene language in the presence of a Avcman.

Relies on Braham v. State · Riley v. State · Bardin v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1907-02-07

How this case has been cited

Cited by 11 later decisions — most recently November 1975

11 state decisions

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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ANDERSON, J. —

¶1The action of the trial court in permitting the state to examine the witness Smallwood, af*63ter the defendant liad closed Ids evidence, was discretionary, notwithstanding the evidence was not in rebuttal, and should more properly have been brought out before the state rested. — Braham v. State, 143 Ala. 28, 38 South. 919; Riley v. State, 88 Ala. 193, 7 South. 149; 8 Ency. Pl. & Pr. 132.

¶2So much of the argument of the solicitor as was objected to was legitimate as a reply to the argument of counsel for the defendant, and the trial court committed no error in refusing to exclude the same. — Bardin v. State, 143 Ala. 74, 38 South. 833.

¶3The judgment of the city court is affirmed.

Tyson, C. J., and Dowdell and McClellan, JJ., concur.