Baxter v. State

Alabama Court of Appeals

Baxter v. State

115 So. 763, 22 Ala. App. 360, 1928 Ala. App. LEXIS 58

CourtAlabama Court of Appeals

DecidedMarch 13, 1928

Docket7 Div. 391.

StatusPublished

This text of 115 So. 763 (Baxter v. State) is published on Counsel Stack Legal Research, covering Alabama Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Baxter v. State, 115 So. 763, 22 Ala. App. 360, 1928 Ala. App. LEXIS 58 (Ala. Ct. App. 1928).

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Opinion

BRICKEN, P. J.

No questions are presented for review by this court. No exceptions were reserved. In the absence of some adverse ruling of the court to which an exception is duly reserved, this court is without authority to place the lower court in error, even if, as here insisted, the evidence was insufficient to support the judgment rendered. Woodson’s Case, 170 Ala. 87, 54 So. 191. The jurisdiction of this court in cases in the category of which this ease belongs is appellate only, and review here can only be had where ruling at nisi prius had been invoked.

In this case, however, we note that the evidence was in conflict, and one phase thereof appears to have justified the court in rendering its judgment of conviction for the violation of the prohibition law as charged in the complaint.

Affirmed.

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BRICKEN, P. J.

No questions are presented for review by this court. No exceptions were reserved. In the absence of some adverse ruling of the court to which an exception is duly reserved, this court is without authority to place the lower court in error, even if, as here insisted, the evidence was insufficient to support the judgment rendered. Woodson’s Case, 170 Ala. 87, 54 So. 191. The jurisdiction of this court in cases in the category of which this ease belongs is appellate only, and review here can only be had where ruling at nisi prius had been invoked.

In this case, however, we note that the evidence was in conflict, and one phase thereof appears to have justified the court in rendering its judgment of conviction for the violation of the prohibition law as charged in the complaint.

Affirmed.

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Bluebook (online)

115 So. 763, 22 Ala. App. 360, 1928 Ala. App. LEXIS 58, Counsel Stack Legal Research, https://law.counselstack.com/opinion/baxter-v-state-alactapp-1928.

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