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6 Alabama opinions name it 3 courts 1923–1989 0 in the last five years
The cases below were cited by Alabama courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
White v. Stategreen2 sentences1989III In instructing the jury on the principles of accomplice liability, the trial judge stated, "With reference to the capital offense charged, ... the State has endeavored to prove to you that either this defendant Harris or Brownlee intentionally fired the fatal shot." This was not an improper comment on the evidence. "[T]he court has the right to state to the jury the general tendencies of *150 the evidence, or the theories of the defense and of the prosecution." White v. State, 209 Ala. 546, 550 , 96 So. 709, 713 (1923); Milligan v. State, 208 Ala. 223, 227 , 94 So. 169, 172 (1922); McCover 1989III In instructing the jury on the principles of accomplice liability, the trial judge stated, "With reference to the capital offense charged, ... the State has endeavored to prove to you that either this defendant Harris or Brownlee intentionally fired the fatal shot." This was not an improper comment on the evidence. "[T]he court has the right to state to the jury the general tendencies of *150 the evidence, or the theories of the defense and of the prosecution." White v. State, 209 Ala. 546, 550 , 96 So. 709, 713 (1923); Milligan v. State, 208 Ala. 223, 227 , 94 So. 169, 172 (1922); McCover | 1 | 2 |
Milligan v. Stategreen2 sentences1989III In instructing the jury on the principles of accomplice liability, the trial judge stated, "With reference to the capital offense charged, ... the State has endeavored to prove to you that either this defendant Harris or Brownlee intentionally fired the fatal shot." This was not an improper comment on the evidence. "[T]he court has the right to state to the jury the general tendencies of *150 the evidence, or the theories of the defense and of the prosecution." White v. State, 209 Ala. 546, 550 , 96 So. 709, 713 (1923); Milligan v. State, 208 Ala. 223, 227 , 94 So. 169, 172 (1922); McCover 1989III In instructing the jury on the principles of accomplice liability, the trial judge stated, "With reference to the capital offense charged, ... the State has endeavored to prove to you that either this defendant Harris or Brownlee intentionally fired the fatal shot." This was not an improper comment on the evidence. "[T]he court has the right to state to the jury the general tendencies of *150 the evidence, or the theories of the defense and of the prosecution." White v. State, 209 Ala. 546, 550 , 96 So. 709, 713 (1923); Milligan v. State, 208 Ala. 223, 227 , 94 So. 169, 172 (1922); McCover | 1 | 1 |
McCovery v. Stategreen1 sentence1989III In instructing the jury on the principles of accomplice liability, the trial judge stated, "With reference to the capital offense charged, ... the State has endeavored to prove to you that either this defendant Harris or Brownlee intentionally fired the fatal shot." This was not an improper comment on the evidence. "[T]he court has the right to state to the jury the general tendencies of *150 the evidence, or the theories of the defense and of the prosecution." White v. State, 209 Ala. 546, 550 , 96 So. 709, 713 (1923); Milligan v. State, 208 Ala. 223, 227 , 94 So. 169, 172 (1922); McCover | 1 | 1 |
National Security Fire and Casualty Co. v. Hestergreen2 sentences1985Commenting upon the theories of waiver and estoppel as applied to the insurer, this Court stated: "[T]hese theories only require that the insureds act in good faith and have some sort of pecuniary interest in the insured property at the time of the loss. . . ." (Emphasis added.) 292 Ala. at 601 , 298 So.2d at 244. 1985Commenting upon the theories of waiver and estoppel as applied to the insurer, this Court stated: "[T]hese theories only require that the insureds act in good faith and have some sort of pecuniary interest in the insured property at the time of the loss. . . ." (Emphasis added.) 292 Ala. at 601 , 298 So.2d at 244. | 1 | 1 |
American Equitable Assur. Co. v. Powderly Coal & Lumber Co.green2 sentences1985See also American Equitable Assurance Co. v. Powderly Coal Lumber Co. , 225 Ala. 208 , 142 So. 37 (1932), holding that an estoppel must be supported by an insurable interest, thus invalidating the dictum contra expressed in American Ins. 1985See also American Equitable Assurance Co. v. Powderly Coal Lumber Co. , 225 Ala. 208 , 142 So. 37 (1932), holding that an estoppel must be supported by an insurable interest, thus invalidating the dictum contra expressed in American Ins. | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Alabama. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Holloway v. State
green
2 sentences1957Many of the charges fall within the influence of the apt language of that great scholar of jury instruction, Carr, P. J., who, in Holloway v. State, 37 Ala.App. 96 , 64 So.2d 115, 120 , said: “The mere fact that a tendered written instruction is copied from an opinion of an appellate court does not assure its acceptability. 1957Many of the charges fall within the influence of the apt language of that great scholar of jury instruction, Carr, P. J., who, in Holloway v. State, 37 Ala.App. 96 , 64 So.2d 115, 120 , said: “The mere fact that a tendered written instruction is copied from an opinion of an appellate court does not assure its acceptability. | 1 | 1957–1957 |
Tucker v. Mobile Infirmary Ass'n
green
2 sentences1932Tucker v. Mobile Infirmary Association, 191 Ala. 572 , 68 So. 4 , L. 1932Tucker v. Mobile Infirmary Association, 191 Ala. 572 , 68 So. 4 , L. | 1 | 1932–1932 |
Hawes v. State
green
1 sentence1923As to the right of the court to state the theories of defense and prosecution to the jury, see Hawes v. State, 88 Ala. 37 , 7 South. 302 ; Eubanks v. State, 2 Ala. App. 61, 64 , 56 South. 88 . . | 1 | 1923–1923 |
Eubanks v. State
neutral
2 sentences1923As to the right of the court to state the theories of defense and prosecution to the jury, see Hawes v. State, 88 Ala. 37 , 7 South. 302 ; Eubanks v. State, 2 Ala. App. 61, 64 , 56 South. 88 . . 1923As to the right of the court to state the theories of defense and prosecution to the jury, see Hawes v. State, 88 Ala. 37 , 7 South. 302 ; Eubanks v. State, 2 Ala. App. 61, 64 , 56 South. 88 . . | 1 | 1923–1923 |
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.