Miller v. State

Alabama Court of Appeals

Miller v. State

72 So. 506, 15 Ala. App. 4, 1916 Ala. App. LEXIS 86

CourtAlabama Court of Appeals

DecidedJune 30, 1916

StatusPublished

Cited by3 cases

This text of 72 So. 506 (Miller 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

Miller v. State, 72 So. 506, 15 Ala. App. 4, 1916 Ala. App. LEXIS 86 (Ala. Ct. App. 1916).

Pincite

Opinion

PELHAM, P. J.

(1) The defendant’s refused charge, set out in the record, that it is insisted shows error requiring a reversal of the case, was properly refused. It does not assert a correct proposition of law, uses patently inapt words, and is confusing and unintelligible. Charges which use words improperly for other words and are thereby rendered unintelligible are properly refused. — Gaston v. State, 161 Ala. 37, 49 South. 876.

(2) The record does not contain a bill of exceptions or the oral charge of the court, and if the charge was not rendered unintelligible by the use of improper terms, the court would not have the necessary data before it upon which to properly review the action of the lower court in passing on the charge. — Mitchell v. State, 14 Ala. App. 104, 71 South. 982.

We have examined the record and it shows no error requiring reversal.

Affirmed.

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