Underwood v. State

Alabama Court of Appeals

Underwood v. State

93 So. 325, 18 Ala. App. 611, 1922 Ala. App. LEXIS 249

CourtAlabama Court of Appeals

DecidedJune 20, 1922

Docket4 Div. 777.

StatusPublished

This text of 93 So. 325 (Underwood 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

Underwood v. State, 93 So. 325, 18 Ala. App. 611, 1922 Ala. App. LEXIS 249 (Ala. Ct. App. 1922).

Pincite

Opinion

BRICKEN, P. J.

The several rulings

of the court on the pleadings were without error. The questions raised by demurrer to the indictment and by the plea in abatement have been expressly decided adversely to the contention of the defendant in the cases of Powell v. State, ante, p. 101, 90 South. 138, and Ricketts v. State, ante, p. 162, 90 South. 137.

The exception reserved to the ruling of the court upon thei admission of testimony is without merit. Mary Banks v. State, ante, p. 376, 93 South. 293.

The evidence was in conflict; therefore charge 1, requested by defendant, which was the affirmative charge, was properly refused.

Refused charge 6 was covered fairly and substantially by the oral charge and by given charges 2 and 8. However, the charge as written was properly refused, as 'being abstract. Charge 13 was abstract, and properly refused. .

No error is apparent on the record. The judgment of the circuit court is affirmed.

Affirmed.

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