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235 Ala. 520

180 So 108

Browning v. State

Supreme Court of Alabama

Decided March 24, 1938

Supreme Court of Alabama · decided 1938-03-24

Relies on Brown v. State · 28 Ala. App. 129 - Browning v. State · Ex Parte Morgan

Good law ✅— No negative treatment on recordhow we know

Decided 1938-03-24

How this case has been cited

Cited by 18 later decisions — most recently May 1979

17 state decisions

7019381940195019601970decided

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 of Godwin M. Browning for certiorari to the Court of Appeals to review and revise the judgment and-decision of that court in the case of Browning v. State, 180 So. 105.

¶2 While not indorsing the criticism of the case of Brown v. State, 118 Ala. 111, 23 So. 81, by the Court of Appeals in dealing with charge 19, refused to defendant — see section 7318 of the Code of 1923 — we think the refusal of said charge can be justified upon the ground that it was, in effect, covered by the oral charge of the trial court. Morgan v. State, 212 Ala. 175, 102 So. 238.

¶3 There is no merit in the other points ■argued against the opinion of the Court of Appeals, and the writ is denied.

¶4 Writ denied.

ANDERSON, C. J., and BROWN, FOSTER, and KNIGHT, JJ., concur.
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