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7 Ala. App. 122

Davis v. State

Alabama Court of Appeals

Decided February 11, 1913

Alabama Court of Appeals · decided 1913-02-11

Violating Prohibition Law. Appeal from Geneva County Court. Heard before Hon. John A. Campbell. Bachael Davis was convicted of violating the prohibition .law, and appeals.

Relies on Whitaker v. State · Gainey v. State

Good law ✅— No negative treatment on recordhow we know

Reversed and remanded · Decided 1913-02-11

How this case has been cited

Cited by 9 later decisions — most recently January 1971

9 state decisions

401913192019301940195019601970decided

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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WALKER, P. J.

¶1The motion made in this case to strike that part ■ of the transcript which sets out the venire for, and the organization of, the petit juries is granted, as no question in reference to those matters was raised in the trial court. — Redman v. State, 8 Ala. App., 62 South. 992.

¶2*124Following previous rulings in this state, it must be held that the instruction embodied in written charge 4, requested by the defendant, was one which he ivas entitled to have given, and that the court was in error in refusing to give it. Gainey v. State, 141 Ala. 72, 37 South. 355; Whitaker v. State, 106 Ala. 30, 17 South. 456.

¶3Reversed and remanded.

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