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221 Ala. 379

129 So 97

Messer v. State

Supreme Court of Alabama

Decided June 14, 1930

Supreme Court of Alabama · decided 1930-06-14

Relies on Postal Tel. Cable Co. v. Minderhout · Ballard v. State · Hardy v. First Nat. Bank of Jacksonville

Good law ✅— No negative treatment on recordhow we know

Decided 1930-06-14

How this case has been cited

Cited by 12 later decisions — most recently December 1966

12 state decisions

701930194019501960decided

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 The petition seeks review of the opinion and decision of the Court of Appeals on rehearing in that court as to the matter of selecting the jury.

¶2 The question insisted upon by petitioner was not discussed or decided by the Court of Appeals, but treated as merely an intimation only, and not a ruling of the trial court to which exception was reserved. Petitioner's argument, therefore, overlooks the limited review of this court of decisions of the Court of Appeals, illustrated by Postal Telegraph Co. v. Minderhout, 195 Ala. 420, 71 So. 91, and the more recent case of Ballard v. State, 219 Ala. 222, 121 So. 502, and Hardy v. First National Bank of Jacksonville, 219 Ala. 435, 122 So. 702.

¶3 The writ will be denied.

¶4 Writ denied.

ANDERSON, C. J., and GARDNER, BOULDIN, and FOSTER, JJ., concur.
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