Files v. State

468 So. 2d 196 | Ala. | 1985

Lead Opinion

EMBRY, Justice.

WRIT DENIED.

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

---

Concurrence 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.