Supreme Court of Alabama, 1950

Gills v. State

Gills v. State
Supreme Court of Alabama · Decided March 2, 1950 · Brown, Gardner
45 So. 2d 51; 253 Ala. 283; 1950 Ala. LEXIS 224 (Southern Reporter, Second Series)

Gills v. State

Opinion

BROWN, Justice.

We have carefully reviewed the evidence as stated in the opinion of the Court of Appeals both in the original opinion and in the opinion on the application for rehearing. 45 So.2d 44. We agree with the Court of Appeals that the evidence presented a question for jury decision and, therefore, the court did not err in refusing the defendant’s affirmative charge or in overruling fai-s motion for new trial. The petition for certiorari is, therefore, denied.

Writ denied.

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

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