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19 Ala. App. 554

98 So 915

Malone v. State

Alabama Court of Appeals

Decided January 22, 1924

Alabama Court of Appeals · decided 1924-01-22

Relies on Ex Parte Huckabaa

Good law ✅— No negative treatment on recordhow we know

Decided 1924-01-22

How this case has been cited

Cited by 6 later decisions — most recently February 1985

6 state decisions

301924193019401950196019701980decided

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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SAMEORD, J.

¶1 The verdict of the jury, as shown by the minute entry, is: “We, the jury, find the defendant as charged in count 2 of the indictment.” This court, in Huckabaa v. State, 95 South. 587, 1 was of the opinion that the verdict was sufficient upon which to base a judgment of guilt, but on certiorari the Supreme Court (Ex parte I-Iuckabaa, 209 Ala. 4, 95 South. 42) held to the contrary, and perhaps correctly so. The latter opinion must govern, and for that error the judgment is reversed and the'cause is remanded.

¶2 Reversed and remanded.

1

¶3 Ante, p. 11.

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