Hamilton v. State

Alabama Court of Appeals

Hamilton v. State

104 So. 345, 20 Ala. App. 585, 1925 Ala. App. LEXIS 96

CourtAlabama Court of Appeals

DecidedMarch 24, 1925

Docket8 Div. 186.

StatusPublished

This text of 104 So. 345 (Hamilton 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

Hamilton v. State, 104 So. 345, 20 Ala. App. 585, 1925 Ala. App. LEXIS 96 (Ala. Ct. App. 1925).

Pincite

Opinion

RICE, J.

The trial was had and judgment of conviction entered on January 7, 1924. The bill of exceptions was' presented to the trial judge on April 7, 1924. Under the provisions of section 11 of the Code of 1907, this was within the time prescribed by law, and the motion to strike the bill of exceptions is overruled.

We think the affidavit was sufficient as against the demurrers interposed, and there was no error in overruling said demurrers.

The exceptions reserved to the admission of testimony as to a difficulty between George Hamilton, brother of defendant, and one Frank Martin, are without merit, as the said difficulty was in progress, and was the occasion of defendant’s activity in the premises, and constituted a part of the res gestee of the offense charged. Granberry v. State, 184 Ala. 131, 62 So. 52.

No useful purpose could be served by a detailed discussion of the other exceptions reserved. They involve only elementary legal principles, and are obviously without merit.

There was ample evidence to support the judgment of conviction, and, finding no prejudicial error in the record, the case will be affirmed.

Affirmed.

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