Supreme Court of Alabama, 1913

Ex parte Davis

Supreme Court of Alabama · Decided December 18, 1913 · Somerville, Tbe

184 Ala. 26; 63 So. 1010; 1913 Ala. LEXIS 641

Cases that cite this one

39 later published cases cite this decision. The 25 that cite it most often are listed here.

Bush v. State (Ala. Crim. App. 2005)
Ex Parte Russell (Ala. 2002)
Baggett v. State (Ala. Ct. App. 1948)
Hudson v. State (Ala. 1928)
Teel v. State (Ala. Ct. App. 1922)
Mitchell v. State (Ala. Crim. App. 2010)
Russell v. City of Mobile (Ala. 2002)
Thomas v. State (Ala. Crim. App. 1981)
Lowery v. State (Ala. Crim. App. 1980)
Black v. State (Ala. Crim. App. 1974)
Gautney v. State (Ala. 1969)
Hayes v. State (Ala. Ct. App. 1969)
Tillery v. State (Ala. Ct. App. 1968)
Kent v. State (Ala. 1949)
King v. State (Ala. Ct. App. 1945)
Robinson v. State (Ala. 1943)
Vernon v. State (Ala. 1940)
McDowell v. State (Ala. 1939)
Fowler v. State (Ala. 1938)
Russo v. State (Ala. 1938)
Langston v. State (Ala. Ct. App. 1931)
Greer v. State (Ala. Ct. App. 1929)
Carter v. State (Ala. 1929)
Burkett v. State (Ala. 1927)
Thomas v. State (Ala. 1927)

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

SOMERVILLE, J.

— We concur in the view of the Court of Appeals that the verdict was valid in form and in substance, and that it very clearly is not within the influence of the decision in Perry v. State, 149 Ala. 41, 43 South. 18.

Pretermitting any consideration of the merit of the view that the refusal of the charge in question could be treated as error without injury, we entertain no doubt *28as to tbe impropriety of tbe charge, and bold that it was properly refused. It has been repeatedly condemned as invasive of tbe province of tbe jury, and also as misleading. — Walker v. State, 117 Ala. 42, 23 South. 149; Morris v. State, 27 South. 336 (imperfectly reported in 124 Ala. 46); Moss v. State, 152 Ala. 30, 36, 44 South. 598; Campbell v. State, 182 Ala. 18, 62 South. 57 (headnote 12); McClain v. State, 182 Ala. 67, 62 South. 241 (headnote 8).

In Walker v. State, 153 Ala. 31, 45 South. 640, it was held error to refuse such a charge, entirely overlooking tbe three previous rulings to tbe contrary; and Walker’s Case, 153 Ala. 31, 45 South. 640, was followed without comment in Simmons v. State, 158 Ala. 8, 48 South. 606; and also in Roberson v. State, 175 Ala. 15, 57 South. 829.

It results that Walker’s Case, 153 Ala. 31, 45 South. 640 (headnote 8), Simmons’ Case (headnote 10), and Roberson’s Case (headnote 4), must be and are expressly overruled; and tbe ruling in Walker’s Case, 117 Ala. 42, 23 South. 149 (headnote 12), is again declared to be correct and authoritative.

Writ denied.

All tbe Justices concur.

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