McCUTCHEON v. STATE

6 Div. 61.

48 So.2d 46 (1950)

McCUTCHEON v. STATE.

Supreme Court of Alabama.

Rehearing Denied October 26, 1950.


Attorney(s) appearing for the Case

Geo. Rogers, of Birmingham, for petitioner.

A. A. Carmichael, Atty. Gen., and Neil Metcalf, Asst. Atty. Gen., opposed.


BROWN, Justice.

On his trial under an indictment for rape the petitioner was convicted of assault and battery and his fine fixed by the jury at $200. The court imposed as additional punishment six months hard labor. He appealed to the Court of Appeals and that court disposed of his case by applying the doctrine of error without injury to some of the rulings of the trial court and pretermitted consideration, without expression in the opinion, as to the others. It is...

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