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21 Ala. App. 423

109 So 123

Story v. State

Alabama Court of Appeals

Decided June 8, 1926

Alabama Court of Appeals · decided 1926-06-08

Good law ✅— No negative treatment on recordhow we know

Decided 1926-06-08

How this case has been cited

Cited by 25 later decisions — most recently January 2005 · most notably Snead v. State (1942), Commonwealth v. Mull (1934)

25 state decisions

50192619301940195019601970198019902000decided

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.

View the full empirical analysis of this case →

SAMFORD, J.

¶1 The defendant’s counsel by a series of questions on cross-examination of one of the state’s witnesses, who was a deputy sheriff, undertook to develop the fact that a negro by the name of Smith was in the employ of the officers, in laying a “trap” for defendant. On redirect examination the solicitor was allowed over the objection of defendant to ask this state’s witness whether or not he planned with Smith to take any whisky over there and blame it on Story. In view of the testimony brought out on cross-examination by defendant, the action of the court in permitting this question to be answered was not error.

¶2 The evidence was in conflict and made a jury question. That for the state, if believed beyond a reasonable doubt, was sufficient to sustain the verdict.

¶3 There is no error in the record. Let the judgment be affirmed.

¶4 Affirmed.

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