Preston v. State

Supreme Court of Alabama

Preston v. State

164 So. 571, 231 Ala. 285, 1935 Ala. LEXIS 419

CourtSupreme Court of Alabama

DecidedDecember 12, 1935

Docket5 Div. 211.

StatusPublished

Cited by3 cases

This text of 164 So. 571 (Preston v. State) is published on Counsel Stack Legal Research, covering Supreme Court of Alabama primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Preston v. State, 164 So. 571, 231 Ala. 285, 1935 Ala. LEXIS 419 (Ala. 1935).

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Opinion

GARDNER, Justice.

The appeal is from a judgment of conviction of murder in the first degree, with the infliction of the death penalty.

There is no hill of exceptions, and the refusal to defendant of the affirmative charge as to each separate count of the indictment, and to the indictment as a whole, is not here, reviewable. There was no error in overruling the demurrer to the indictment. Thomas v. State, 111 Ala. 51, 20 So. 617; Ex parte State (Brooms v. State), 197 Ala. 419, 73 So. 35.

There appears nothing further in the record deserving special comment.

No reversible error appearing, let the judgment stand affirmed.

Affirmed.

All the justices concur, except ANDERSON, C. J., not sitting.

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