Ward v. State

Alabama Court of Appeals

Ward v. State

74 So. 727, 15 Ala. App. 598, 1917 Ala. App. LEXIS 53

CourtAlabama Court of Appeals

DecidedMarch 23, 1917

StatusPublished

Cited by1 cases

This text of 74 So. 727 (Ward 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

Ward v. State, 74 So. 727, 15 Ala. App. 598, 1917 Ala. App. LEXIS 53 (Ala. Ct. App. 1917).

Pincite

Opinion

BROWN, P. J.

(1) The affidavit on which the defendant was tried and convicted follows the form prescribed by the statute for proceedings in the county court, without undertaking to set out the constituents of the offense, and is sufficient to sustain the judgment of the court. — Code 1907, § 6703; Malloy v. State, 165 Ala. 117, 50 South. 1027; Miles v. State, 94 Ala. 106, 11 South. 403; Wilson v. State, 115 Ala. 129, 22 South. 567.

(2) The record does not show a judgment of the court on the demurrers to the complaint, nor on the demurrers to the defendant’s plea of misnomer; and the entries of the clerk in the transcript that “said demurrers were sustained by the court,” etc., will not authorize a review. — Alabama Co. v. Brown, 129 Ala. 286, 29 South. 548; 5 Mayf. Dig. 566, § 51.

(3) The appeal is on the record without- a bill of exceptions; and the refusal of special charges to the defendant, as has been repeatedly held, cannot be reviewed without such bill.

Affirmed.

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