Taylor v. State

Alabama Court of Appeals

Taylor v. State

28 So. 2d 318, 32 Ala. App. 570

CourtAlabama Court of Appeals

DecidedDecember 17, 1946

Docket6 Div. 300.

StatusPublished

This text of 28 So. 2d 318 (Taylor 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

Taylor v. State, 28 So. 2d 318, 32 Ala. App. 570 (Ala. Ct. App. 1946).

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Opinion

CARR, Judge.

Appellant was convicted in the court below of manslaughter in the first degree. This appeal is presented on the record proper, without a transcription of the testimony.

Defendant in the lower court interposed a motion to quash the venire, on which, the record indicates, issue was joined. We do not have before us any record of testimony taken in support of the motion. In the absence of this information, we are unable to determine whether or not the allegations of the motion are true. We do not commit ourselves to a holding that, if proven, the grounds are sufficient to sustain the attack; but we cannot charge error to the trial judge in his action in overruling the motion.

The record is regular, and the judgment of the primary court is ordered affirmed.

Affirmed.

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CARR, Judge.

Appellant was convicted in the court below of manslaughter in the first degree. This appeal is presented on the record proper, without a transcription of the testimony.

Defendant in the lower court interposed a motion to quash the venire, on which, the record indicates, issue was joined. We do not have before us any record of testimony taken in support of the motion. In the absence of this information, we are unable to determine whether or not the allegations of the motion are true. We do not commit ourselves to a holding that, if proven, the grounds are sufficient to sustain the attack; but we cannot charge error to the trial judge in his action in overruling the motion.

The record is regular, and the judgment of the primary court is ordered affirmed.

Affirmed.

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Bluebook (online)

28 So. 2d 318, 32 Ala. App. 570, Counsel Stack Legal Research, https://law.counselstack.com/opinion/taylor-v-state-alactapp-1946.