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244 Ala. 597

14 So.2d 246

Barnes v. State

Supreme Court of Alabama

Decided June 24, 1943

Supreme Court of Alabama · decided 1943-06-24

Relies on Davis v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1943-06-24

How this case has been cited

Cited by 12 later decisions — most recently February 1990

12 state decisions

50194319501960197019801990decided

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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LAWSON, Justice.

¶1 Cecil Barnes was convicted of robbery. On appeal to the Court of Appeals the judgment of the trial court was reversed. The cause is brought before us on petition by the State of Alabama for writ of certiorari to the Court of Appeals, to review and revise the opinion and judgment of that court. On this review for certiorari we look alone to the opinion of the Court of Appeals for the facts of the case. Davis v. State, 237 Ala. 143, 185 So. 774.

¶2 We are of the opinion that the writ should be denied, but, as we have often observed, denial of the writ does not necessarily indicate an approval of all that is said in the opinion of the Court of Appeals. In the instant case this has particular reference to the discussion of the doctrine of res gestae which we think inapplicable to the facts of this case as found in the opinion of the Court of Appeals.

¶3 Writ of certiorari is denied.

¶4 Judgment affirmed.

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