Supreme Court of Alabama, 1907

Nicholson v. State

Supreme Court of Alabama · Decided February 7, 1907 · Anderson, Dowdell, McClellan, Tyson

149 Ala. 61; 42 So. 1015; 1907 Ala. LEXIS 246

Cases that cite this one

7 later published cases cite this decision.

Colston v. State (Ala. Crim. App. 1975)
Breedlove v. State (Ala. Ct. App. 1967)
Jarrell v. State (Ala. 1948)
Scott v. State (Ala. 1945)
Scott v. State (Ala. Ct. App. 1945)
McDowell v. State (Ala. 1939)
Lambert v. State (Ala. 1922)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

ANDERSON, J. —

The action of the trial court in permitting the state to examine the witness Smallwood, af*63ter the defendant liad closed Ids evidence, was discretionary, notwithstanding the evidence was not in rebuttal, and should more properly have been brought out before the state rested. — Braham v. State, 143 Ala. 28, 38 South. 919; Riley v. State, 88 Ala. 193, 7 South. 149; 8 Ency. Pl. & Pr. 132.

So much of the argument of the solicitor as was objected to was legitimate as a reply to the argument of counsel for the defendant, and the trial court committed no error in refusing to exclude the same. — Bardin v. State, 143 Ala. 74, 38 South. 833.

The judgment of the city court is affirmed.

Tyson, C. J., and Dowdell and McClellan, JJ., concur.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.