Opinion

Gilbert v. State

  • 2 Ala. App. 94
  • 57 So. 127
  • 1911 Ala. App. LEXIS 24
Court
Alabama Court of Appeals
Filed
Dec 21, 1911
Status
Published
Author
Pelhjam
On the bench
Pelhjam
Cited by
7 cases
Authority
More cited than 76.7%

The opinion

PELHjAM, J.

The trial court’s action in overruling the defendant’s motion for a continuance on account of absent witnesses was a matter resting in the sound discretion of the court-. No abuse is shown of the discretion and therefore no error was committed in denying the motion. —House v. State, 139 Ala. 132, 135 ; Terry v. State, 120 Ala. 287 , 292; Walker v. State, 117 Ala. 85, 87 ; Carr v. State, 104 Ala. 4, 14 ; Lowery v. State, 98 Ala. 45, 50 ; Walker v. State, 91 Ala. 76, 79 ; White v. State, 86 Ala. 69, 74 ; De Armon v. State, 77 Ala. 10, 15 ; Starr v. State, 25 Ala. 49, 51 .

The charges set out as requested by the defendant and refused are not show to have been requested in writing, nor to have been separately requested. Immediately preceding the charges as they appear set out in the bill of exceptions is the following statement: “The defendant requested the following charges, which were refused.” The bill of exceptions further shows that each of the charges was endorsed “refused” by the trial judge, and that an exception was reserved to the action of the court in refusing each of such charges, but it nowhere appears that the charges were separately requested, or that they were requested in writing; and it is necessary, to present the action of the trial court in *96 refusing special charges requested for review by this court, to show affirmatively by the record that the charges requested were in writing.- —Henderson v. State, 137 Ala. 83 ; Foxworth v. Brown, 114 Ala. 299 ; Bellinger v. State, 92 Ala. 86 ; Walker v. State, 91 Ala. 76 ; Ricketts v. B. S. Ry. Co., 85 Ala. 600 ; Wheless v. Rhodes, 70 Ala. 419 ; Crosby v. Hutchinson, 53 Ala. 5 .

The record contains no error, and the case will be affirmed.

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.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.