Scott v. State
Decision Date | 12 April 1945 |
Docket Number | 7 Div. 830. |
Citation | 246 Ala. 545,21 So.2d 703 |
Parties | SCOTT v. STATE. |
Court | Alabama Supreme Court |
John D. Bibb, of Anniston, for petitioner.
Wm N. McQueen, Acting Atty. Gen., and Chas. M. Cooper, Asst Atty. Gen., opposed.
The Court of Appeals passed upon the sufficiency of the evidence to support the verdict of the jury and judgment of the trial court thereon.
The state had made out a prima facie case by one witness and rested. The defendant then introduced his testimony. Thereupon the state was permitted to offer the testimony of another witness over the objection and exception of the defendant. The Court of Appeals properly held that there was no error committed by the trial court, 'in permitting the State to examine Lee, after the defendant had closed his evidence,' because such action of the trial court In this action of the trial court there was no abuse of the rule long prevailing in this jurisdiction, as stated by Chief Justice Stone, in Riley v State, 88 Ala. 193, 196, 7 So. 149, as follows:
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This decision has been followed in Nicholson v. State, supra; Lambert v. State, 208 Ala. 42, 93 So. 708; Floyd v. State, 245 Ala. 646, 647, 18 So.2d 392.
In 1 Brickell's Digest, p. 886, § 1174, it is said of our earlier cases that:
We cannot say that the trial court...
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Veith v. State
...an abuse of discretion on the part of the trial court in the instances cited. Burns v. State, 246 Ala. 135, 19 So.2d 450; Scott v. State, 246 Ala. 545, 21 So.2d 703; Blackwell v. State, supra, and cases Opinion extended, application overruled. All the Judges concur. ...
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Bartlett v. State
...and closing the evidence in a suit are necessarily within the judicial discretion of the presiding judge. ...' " Scott v. State, 246 Ala. 545, 546, 21 So.2d 703, 704 (1945), quoting 1 Brickell's Digest, p. 886, § 1174. We find no abuse of discretion by the trial court in its determination r......
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Davis v. State, 3 Div. 603
...matter was heard from both sides by the trial court outside the presence and hearing of the jury. Within its discretion, Scott v. State, 246 Ala. 545, 21 So.2d 703; Turner Lee Rodgers v. State, Ala.Cr.App., 332 So.2d 739, cert. denied Ala., 332 So.2d 746, the trial court ruled that the Stat......
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Rogers v. State
...rebuttal testimony presented by the State. We have carefully examined this record and determined that in accordance with Scott v. State, 246 Ala. 545, 21 So.2d 703, and authorities therein cited, that the trial court in its discretion properly allowed the State to reopen and present rebutta......