Battle v. State

Battle, S. v. State

Battle v. State, 45 So. 68 (Ala. 1907)

Court: Supreme Court of Alabama · State Highest Courts
Decided: June 13, 1907
Judges: Anderson, Denson, Dowdell, Tyson
Citations: 45 So. 68153 Ala. 501907 Ala. LEXIS 153
Disposition: Affirmed. -

Cited by 0

Headnotes

Petit Larceny. Criminal Law; Appeal; Bill of Exceptions. — Where the bill of exceptions is signed after the adjournment of the court trying the cause and the record shows no order made in term time extending the time for signing the bill in vacation, such bill of exceptions cannot be considered.

Summary

Appeal from Barbour Circuit Court. Heard before Hon. A. A. Evans. Sandy Battle was convicted of petit larceny and appeals. Charge 1 should have been given. — Churchwell v. The State, 117 Ala. 124. Charge 2 should have been given. — Jachson v. The State, 136 Ala. 22; Churchwell v. The State, supra; Burton v. The State, 115 Ala. 1. No order is shown granting extension of time for signing bill of exceptions, and there is no error in the record.

Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.

Opinion of the Court — Dowdell

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DOWDELL, J.

— What purports to be a bill of exceptions in the transcript was signed by the judge who presided at the trial after the adjournment of court and in vacation. The record fails to show any order of the court in term time authorizing the signing of the bill of exceptions in vacation. The bill therefore cannot be looked to or considered for any purpose.

No error appearing otherwise of record, the judgment appealed from will be affirmed.

Affirmed.

Tyson, C. J., and Anderson and Denson, JJ., concur.

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Cited by 0 cases

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