Brooks v. State

Alabama Court of Appeals

Brooks v. State

193 So. 325, 29 Ala. App. 142, 1940 Ala. App. LEXIS 109

CourtAlabama Court of Appeals

DecidedJanuary 16, 1940

Docket6 Div. 518.

StatusPublished

Cited by1 cases

This text of 193 So. 325 (Brooks 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

Brooks v. State, 193 So. 325, 29 Ala. App. 142, 1940 Ala. App. LEXIS 109 (Ala. Ct. App. 1940).

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Opinion

BRICKEN, Presiding Judge.

At the March Term, 1939, of the circuit (court, above designated court, the grand jury found, and returned into open court, an indictment against this appellant charging him with the offense of murder in the first degree. Specifically, that he unlawfully, and with malice aforethought, killed Newt Garrison by shooting him with a shot gun, etc. The indictment was duly filed on March 23, 1939.

Upon said indictment he was duly arraigned on March 28, 1939, whereupon the defendant interposed his plea of “not guilty.” The trial resulted in his conviction for the offense of manslaughter in the first degree, and the jury fixed his punishment at imprisonment for ten years. The court duly sentenced him to serve a period of ten years in the penitentiary. From the judgment of conviction this appeal was taken. .The cause must- be and is affirmed as the appeal is upon the record proper only. There is no error apparent on the record. In the absence of a bill of exceptions the action of the court in refusing special written charges to defendant is not presented for consideration.

Affirmed.

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BRICKEN, Presiding Judge.

At the March Term, 1939, of the circuit (court, above designated court, the grand jury found, and returned into open court, an indictment against this appellant charging him with the offense of murder in the first degree. Specifically, that he unlawfully, and with malice aforethought, killed Newt Garrison by shooting him with a shot gun, etc. The indictment was duly filed on March 23, 1939.

Upon said indictment he was duly arraigned on March 28, 1939, whereupon the defendant interposed his plea of “not guilty.” The trial resulted in his conviction for the offense of manslaughter in the first degree, and the jury fixed his punishment at imprisonment for ten years. The court duly sentenced him to serve a period of ten years in the penitentiary. From the judgment of conviction this appeal was taken. .The cause must- be and is affirmed as the appeal is upon the record proper only. There is no error apparent on the record. In the absence of a bill of exceptions the action of the court in refusing special written charges to defendant is not presented for consideration.

Affirmed.

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Bluebook (online)

193 So. 325, 29 Ala. App. 142, 1940 Ala. App. LEXIS 109, Counsel Stack Legal Research, https://law.counselstack.com/opinion/brooks-v-state-alactapp-1940.

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