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Ballard v. State

Ballard v. State.

Ballard v. State, 121 So. 502 (Ala. 1929)
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Court
Supreme Court of Alabama · State Highest Courts
Decided
March 21, 1929
Docket
No. 3 Div. 886.
Judges
Anderson, Gardner, Bouldin, Foster
Citations
121 So. 502219 Ala. 222

Opinion of the Court — Per Curiam

PER CURIAM.

The argument for petitioner overlooks the limited review of this court of decisions of the Court of Appeals to questions of law therein presented, as set forth in Postal Telegraph-Cable Co. v. Minderhout, 195 Ala. 420 , 71 So. 91 , and subsequent cases. Most of the questions here argued were not treated or considered by the Court of Appeals, and do not come within the purview of our review of the decisions of that court. Jackson v. State, 217 Ala. 563 , 117 So. 157 ; Polytinsky v. Wilson, 215 Ala. 455 , 111 So. 276 ; Campbell v. State, 216 Ala. 295 , 112 So. 902 .

Nor do we think the opinion of the Court of Appeals is to be construed as indicating a conviction obtainable under paragraph 4 of section 5571, Code of 1923, upon proof of reputation of defendant as a “bootlegger.” There is no disagreement with the common understanding and meaning ,of that word as stated in the opinion. Its connection with any definite ruling of the court is not made to appear.

Under the authorities supra, the writ is denied.

Writ denied.

ANDERSON, O. J., and GARDNER, BOULDIN, and FOSTER, JJ., concur.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1930: 11932: 11933: 21945: 11950: 11951: 119302026peak 1933 · 2

Relies on it most ⓘ

  1. Loveman, Joseph & Loeb v. Himrod147 So. 163 (Ala. 1933)
  2. Harris v. State23 So. 2d 514 (Ala. 1945)
  3. Keith v. City of Birmingham49 So. 2d 227 (Ala. 1950)
  4. Smiley v. City of Birmingham52 So. 2d 710 (Ala. 1951)
  5. Messer v. State129 So. 97 (Ala. 1930)
  6. Morris v. State151 So. 888 (Ala. 1933)

Most recent

  1. Smiley v. City of Birmingham52 So. 2d 710 (Ala. 1951)
  2. Keith v. City of Birmingham49 So. 2d 227 (Ala. 1950)
  3. Harris v. State23 So. 2d 514 (Ala. 1945)
  4. Morris v. State151 So. 888 (Ala. 1933)
  5. Loveman, Joseph & Loeb v. Himrod147 So. 163 (Ala. 1933)
  6. Gatlin v. Starr Piano Co.144 So. 461 (Ala. 1932)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 4

DepthCaseCited by
Postal Tel. Cable Co. v. Minderhout, 71 So. 91 (Ala. 1916) 139
Campbell v. State, 112 So. 902 (Ala. 1927) 34
Polytinsky v. Wilson, 111 So. 276 (Ala. 1927) 3
Jackson v. State, 117 So. 157 (Ala. 1928) 3

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