Supreme Court of Alabama, 1985

Files v. State

Files v. State
Supreme Court of Alabama · Decided March 29, 1985 · Embry, Faulkner, Almon, Adams, Torbert
468 So. 2d 196; 1985 Ala. LEXIS 3644 (Southern Reporter, Second Series)

Files v. State

Opinion of the Court

EMBRY, Justice.

WRIT DENIED.

FAULKNER, ALMON and ADAMS, JJ., concur. TORBERT, C.J., concurs specially.

Concurring Opinion

TORBERT, Chief Justice

(concurring specially).

I concur in the denial of the writ; however, I do not necessarily agree with the statement by the Court of Criminal Appeals that the defendant, if he desired a separate ruling on his motion to strike the answer of a witness, should have given the trial court the opportunity to rule on that motion before making his motion for mistrial.

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