Opinion

Ward v. State

  • 15 Ala. App. 598
  • 74 So. 727
  • 1917 Ala. App. LEXIS 53
Court
Alabama Court of Appeals
Filed
Mar 23, 1917
Status
Published
Author
Brown
On the bench
Brown
Cited by
1 cases
Authority
More cited than 56.7%

The opinion

BROWN, P. J.

(1)

The affidavit on which the defendant was tried and convicted follows the form prescribed by the statute for proceedings in the county court, without undertaking to set out the constituents of the offense, and is sufficient to sustain the judgment of the court. — Code 1907, § 6703;

Malloy v. State,

165 Ala. 117 , 50 South. 1027 ;

Miles v. State,

94 Ala. 106 , 11 South. 403 ;

Wilson v. State,

115 Ala. 129 , 22 South. 567 .

(2)

The record does not show a judgment of the court on the demurrers to the complaint, nor on the demurrers to the defendant’s plea of misnomer; and the entries of the clerk in the transcript that “said demurrers were sustained by the court,” etc., will not authorize a

review.

— Alabama

Co. v. Brown,

129 Ala. 286 , 29 South. 548 ; 5 Mayf. Dig. 566, § 51.

(3)

The appeal is on the record without- a bill of exceptions; and the refusal of special charges to the defendant, as has been repeatedly held, cannot be reviewed without such bill.

Affirmed.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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