Smith v. State
| Decision Date | 24 January 1974 |
| Parties | In re Josh SMITH, alias v. STATE. Ex parte STATE of Alabama. SC 651. |
| Court | Alabama Supreme Court |
Certiorari to the Court of Criminal Appeals.
William J. Baxley, Atty.Gen., and Andrew J. Gentry, Jr., Auburn, Sp.Asst.Atty.Gen., for the State.
No brief for respondent.
Petition of the State for Certiorari to the Court of Criminal Appeals to review and revise the judgment and decision of that Court in Smith, alias v. State, 51 Ala.App. 527, 287 So.2d 238.
Writ denied.
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9 cases
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Diamond v. State
... ... Smith v. State, 51 Ala.App. 527, 287 So.2d 238, cert. denied, 292 Ala. 750, 289 So.2d 808 (1974) ... In this instance the objected to remarks do not directly charge the appellant with selling drugs to young people. While that meaning could, perhaps, be read into the remark, the ... ...
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Hill v. State, 8 Div. 537
...551, cert. denied, 246 Ala. 521, 21 So.2d 552 (1945). Smith v. State, 51 Ala.App. 527, 287 So.2d 238 (1973), cert. denied, 292 Ala. 750, 289 So.2d 808 (1974), and Core v. State, 50 Ala.App. 533, 280 So.2d 794, cert. denied, 291 Ala. 776, 280 So.2d 797 (1973), cited by appellant, applying th......
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Hollins v. State
... ... Johnson v. State, 365 So.2d 123 (Ala.Cr.App.) cert. denied, 365 So.2d 130 (Ala.1978). Any time during the trial, before the jury retires, an appellant may tender appropriate written charges for the court's consideration. Smith v. State, 51 Ala.App. 527, 287 So.2d 238 (1973), cert. denied, 292 Ala. 750, 289 So.2d 808 (1974). We find however, that the court's refusal to consider the appellant's written charge was harmless error, in that the charge would have been properly refused, even if considered. Smith, supra. A ... ...
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Blakely v. State
...764, 318 So. 337; Taylor v. State, 54 Ala.App. 353, 308 So.2d 714; Smith v. State, 51 Ala.App. 527, 287 So.2d 238, cert. denied, 292 Ala. 750, 289 So.2d 808. There was no effort made to heal the wound resulting from the improper argument. To some extent there was a duty in this respect upon......
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