Barton v. State

Court of Criminal Appeals of Alabama

Decided November 18, 1975

Court of Criminal Appeals of Alabama · decided 1975-11-18

Cited by 2 later decisions — most recently August 1979

1 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1975-11-18

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¶1ON REHEARING

CATES, Presiding Judge.

¶2On rehearing2 appellant claims that the statement that Lassiter once saved Barton’s life was a canard.

¶3We do not think the truth of that assertion [which appears in the statement given by Barton to Pemberton quoted above, see p. 697 of this Ms] was an issue in the trial. That Pemberton wrote it out comes down to the credit to be attached to a peripheral part of his testimony. He claimed that was part of what Barton told him.

¶4Application overruled.

All the Judges concur.

¶5. Neither brief of appellant complies with Rule A, 49 Ala.App. XXI, or Rule 28(a) (7) ARAP.