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26 Ala. App. 502

163 So 667

Everett v. State

Alabama Court of Appeals

Decided January 15, 1935

Alabama Court of Appeals · decided 1935-01-15

Relies on Boulden v. State · 25 Ala. App. 432 - Everett v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1935-01-15

How this case has been cited

Cited by 5 later decisions — most recently January 1951

5 state decisions

20193519401950decided

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.

View the full empirical analysis of this case →

RICE, Justice.

¶1 This' is the second appeal in this case. See Everett v. St.ate, 25 Ala. App. 432, 148 So. 171.

¶2 Appellant, in a brief filed pr.o se., in a rather plaintive manner, would present for our consideration, as a reason for the reversal of the judgment of conviction, the fact that the prosecution was prompted from unworthy motives — from the fact, as he states it, he is a “Wet Democrat.”

¶3 Well, we believe “Wet Democrats” should be protected in their legal rights, but as to who started this prosecution, or why they started it, we are persuaded is no concern of ours. See Boulden v. State, 102 Ala. 78, 15 So. 341.

¶4 Appellant himself admits in his brief that the testimony adduced on the trial “made a jury question”- — meaning that the question of his guilt vel non was properly submitted to the jury.

¶5 The exceptions — three, we believe — reserved on the taking of testimony are patently, and obviously, without merit.

¶6 There appears, nowhere, a prejudicially erroneous ruling; and the judgment is affirmed.

¶7 Affirmed.

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