Hyde v. State

Alabama Court of Appeals

Hyde v. State

81 So. 136, 16 Ala. App. 688, 1919 Ala. App. LEXIS 33

CourtAlabama Court of Appeals

DecidedJanuary 21, 1919

Docket6 Div. 502.

StatusPublished

This text of 81 So. 136 (Hyde 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

Hyde v. State, 81 So. 136, 16 Ala. App. 688, 1919 Ala. App. LEXIS 33 (Ala. Ct. App. 1919).

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Opinion

BRICKEN, J.

In order that this cause can be considered upon its merits, the motion to set aside the submission of November 2S, 1918, to dismiss the appeal, will be granted, and submission of that date is set aside; a complete record having been filed in the cause, before said motion received consideration by this court.

The appeal is upon the record proper, without a bill of exceptions. The record1 shows an indictment in due and regular form, charging the defendant -with the offense of murder in the second degree; it also shows a verdict of guilty by the jury-finding the defendant guilty of manslaughtei in the first degree, and also a judgment of the court in conformity with the finding of the jury. An examination of the record shows regular proceedings which are free from error, and nothing authorizing a reversal of the case. An affirmance of the judgment appealed from is therefore ordered.

Affirmed.

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BRICKEN, J.

In order that this cause can be considered upon its merits, the motion to set aside the submission of November 2S, 1918, to dismiss the appeal, will be granted, and submission of that date is set aside; a complete record having been filed in the cause, before said motion received consideration by this court.

The appeal is upon the record proper, without a bill of exceptions. The record1 shows an indictment in due and regular form, charging the defendant -with the offense of murder in the second degree; it also shows a verdict of guilty by the jury-finding the defendant guilty of manslaughtei in the first degree, and also a judgment of the court in conformity with the finding of the jury. An examination of the record shows regular proceedings which are free from error, and nothing authorizing a reversal of the case. An affirmance of the judgment appealed from is therefore ordered.

Affirmed.

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Bluebook (online)

81 So. 136, 16 Ala. App. 688, 1919 Ala. App. LEXIS 33, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hyde-v-state-alactapp-1919.