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24 Ala. App. 241

133 So 741

Smith v. State

Alabama Court of Appeals

Decided February 10, 1931

Alabama Court of Appeals · decided 1931-02-10

Cited by 2 later decisions — most recently January 1936

2 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1931-02-10

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SAMFORD, J.

¶1 The evidence was in conflict, making a jury question as to the guilt vel non of the defendant. The affirmative charge was properly refused.

¶2 Defendant’s refused charge, which for convenience we have marked 3, is invasive of the province of the jury.

¶3*242 Refused charge 4 is covered by the general charge.

¶4 We find no error in the record, and the judgment is affirmed.

¶5 Affirmed.

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