Public-domain · open source
OpenJurist

28 Ala. App. 147

180 So 127

Smith v. State

Alabama Court of Appeals

Decided March 22, 1938

Alabama Court of Appeals · decided 1938-03-22

Cited by 3 later decisions — most recently August 1943

3 state decisions

Relies on Anderson v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1938-03-22

View the full empirical analysis of this case →

RICE, Judge.

¶1 Appellant was convicted of the offense of unlawfully distilling alcoholic liquor — ' whisky.

¶2 It is just “another of those cases.” We see nothing worthy of discussion.

¶3 But appellant’s counsel strenuously argue that the judgment should be reversed because — one of appellant’s witnesses bearing the name Spain — the solicitor, in his closing argument to the jury used this language: “That name Spain is a very familiar name to me.” '

¶4 The court, on motion, excluded-the quoted statement from the jury; which, we think, and hold, was even more than appellant could rightfully ask. Anderson v. State, 209 Ala. 36, 95 So. 171. Certainly, we think appellant’s motion to “declare a mistrial” was overruled without error.

¶5 There appears, nowhere, any erroneous ruling or action by the court, and the judgment is affirmed.

¶6 Affirmed.

/28/alaapp/147 · .json · Public domain