Woods v. State, 4 Div. 592

• Decision Date: 02 March 1950
• Docket Number: 4 Div. 592
• Citation: 253 Ala. 322,44 So.2d 772
• Parties: WOODS v. STATE.
• Court: Alabama Supreme Court

Page 772

44 So.2d 772

253 Ala. 322

WOODS v. STATE.

4 Div. 592.

Supreme Court of Alabama.

March 2, 1950.

A. A. Carmichael, Atty. Gen., and Robt. Straub, Asst. Atty. Gen., for the petitioner.

Walters & Gibson, of Troy, opposed.

BROWN, Justice.

The statement of the solicitor in argument was the statement of a fact not in evidence and violated the rule of legitimate argument to the jury. Cross v. State, 68 Ala. 476. We are, therefore, of opinion that the petition for certiorari should be denied.

Writ denied.

All the Justices concur except Gardner, C. J., not sitting.