Bourne v. State
Supreme Court of Alabama
Error to the Circuit court of Mobile. Indictment for Issuing a change bill, tried before Pick-ens, J. The indictment charged plaintiff in error, and one Williams, with having “ made a promissory note, and put forth the same as a change bill, as follows, to wit: contrary to the form of the statute,” &c. To the indictment, defendants demurred; which being overruled, they plead not guilty. Bourne was convicted, and Williams acquitted.
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Error to the Circuit court of Mobile. Indictment for Issuing a change bill, tried before Pick-ens, J. The indictment charged plaintiff in error, and one Williams, with having “ made a promissory note, and put forth the same as a change bill, as follows, to wit: contrary to the form of the statute,” &c. To the indictment, defendants demurred; which being overruled, they plead not guilty. Bourne was convicted, and Williams acquitted. To reverse tire judgment against Bourne, a writ of error was sued out. A bill of exceptions was taken at the trial, the points contained in which, arc set forth in…
1Opinion of the Court
PER CUEIAM.
— The clerk of the Circuit court has no authority to issue writs of error, in any criminal case: in all such, the writs must originate from, an application *460to this court—(Lynes vs. the State, 5 Porter, 236.) As the writ has improvidently issued, it must be dismissed.
On looking into the record, we do not find that any points were reserved, under the statute, as novel and difficult, for the revision of the Supreme court. It is true, a bill of exceptions was signed and sealed by the presiding judge, but the statute prohibits the Circuit courts from referring any question of law,…
2Cases cited2 opinions
- Ned v. StateSupreme Court of Alabama · 1838
- Lynes v. StateSupreme Court of Alabama · 1837
3Cited by5 opinions
- Ex parte KnightSupreme Court of Alabama · 1878
- Petty v. DillSupreme Court of Alabama · 1875
- Frank v. StateSupreme Court of Alabama · 1866
- Rolater v. RolaterSupreme Court of Alabama · 1875
- Barnett v. Montgomery & Eufaula RailroadSupreme Court of Alabama · 1874