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245 Ala. 53

15 So.2d 600

Gable v. State

Supreme Court of Alabama

Decided October 28, 1943

Supreme Court of Alabama · decided 1943-10-28

Relies on 20 Ala. App. 615 - Parsons v. State · Kilpatrick v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1943-10-28

How this case has been cited

Cited by 28 later decisions — most recently December 1978 · most notably Broadway v. State (1952), 32 Ala. App. 408 - Kelley v. State (1946)

28 state decisions

901943195019601970decided

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 We do not find ourselves in accord with the suggestion in the opinion of the Court of Appeals that the remark of the solicitor as to the failure of one of the defendants to testify did not infringe on our statute. Code 1940, Title 15, Sec. 305; Kilpatrick v. State, 213 Ala. 358, 104 So. 656. But considering the remark improper, we are persuaded the opinion discloses that the trial court in regard thereto applied a timely and appropriate corrective, .and, of consequence, no error to reverse appears.

¶2 No other portion of the opinion calls for comment. The writ is due to be denied.

¶3 Writ denied.

All the Justices concur.
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