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211 Ala. 320

100 So 466

Ex Parte State

Supreme Court of Alabama

Decided May 22, 1924

Supreme Court of Alabama · decided 1924-05-22

Relies on Malachi v. State · McDaniels v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1924-05-22

How this case has been cited

Cited by 14 later decisions — most recently September 1988

14 state decisions

401924193019401950196019701980decided

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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PER CURIAM.

¶1 Petition for cer-tiorari by the state to review the decision of the Court of Appeals in the case of Rollie Cobb v. State, 100 South. 463, wherein a judgment of conviction of appellant was reversed. The only question here sought to be reviewed by the state relates to the ruling of the Court of Appeals as to the exception to a portion of the oral charge of the court. The Court of Appeals construed that portion of the oral charge as contravening the rule of law that the jury must be convinced b,e-yond a reasonable doubt of the córroborating evidence in cases of this character before its further consideration in connection with the evidence of the accomplice. The holding of the Court of Appeals as to this rule of law is correct, and in addition to the authorities therein cited by that court, we may add Malachi v. State, 89 Ala. 134, 8 South. 104; McDaniels v. State, 162 Ala. 25, 50 South. 324.

¶2 The petition for the writ of certiorari is denied.

¶3 Writ denied.

ANDERSON, C. J., and SAYRE, GARDNER, and MILLER, JJ., concur.
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