Tucker v. State

Alabama Court of Appeals

Tucker v. State

110 So. 799, 21 Ala. App. 582, 1926 Ala. App. LEXIS 323

CourtAlabama Court of Appeals

DecidedSeptember 7, 1926

Docket6 Div. 668.

StatusPublished

Cited by1 cases

This text of 110 So. 799 (Tucker 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

Tucker v. State, 110 So. 799, 21 Ala. App. 582, 1926 Ala. App. LEXIS 323 (Ala. Ct. App. 1926).

Pincite

Opinion

SAMFORD, J.

Defendant, being convicted of carnal knowledge of a girl over 12 and under 16 years of age, appeals.

The bill of exceptions was signed within 90 days from the judgment overruling the motion for new trial, and therefore the motion of the Attorney General to strike the bill of exceptions in this case is overruled. Code 1907, § 6433.

The ruling of the trial court on the demurrer was without error. Miller v. State, 16 Ala. App. 534, 79 So. 314.

The evidence as to the guilt vel non of the defendant was in conflict, and therefore the general charge as requested by defendant was properly refused. Tatum’s Case, 20 Ala. App. 436, 102 So. 726.

The questions presented in the defendant’s motion for new trial, except as to ruling on demurrer and refusal of the general charge, were questions to be determined by the facts. We are not prepared to hold that these facts would justify this court in holding the ruling of the trial judge was error.

We find no error in the record, and the judgment is affirmed.

Affirmed.

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