Cartiledge v. State
Supreme Court of Alabama
Ait'eal from tlie City Court of Montgomery. Tried before Hon. W. H. Thomas. ■ The defendant, Sam Cartiledge, was indicted and convicted for gaming under 'section 4792 of the Code. During tlie trial the defendant objected to questions to certain witnesses, which -objections were -overruled, and exceptions reserved by defendant. But it does not appear that any of these questions were answered.
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Ait'eal from tlie City Court of Montgomery. Tried before Hon. W. H. Thomas. ■ The defendant, Sam Cartiledge, was indicted and convicted for gaming under 'section 4792 of the Code. During tlie trial the defendant objected to questions to certain witnesses, which -objections were -overruled, and exceptions reserved by defendant. But it does not appear that any of these questions were answered. The refusal of tlie following charges requested by defendant is assigned as error, viz.: (1.) “If the jury believe all the evidence in this case beyond a reasonable doubt, the defendant must be…
1Opinion of the CourtMcCLELLAN, C. J.
— It appears to be settled by the .decisions of this court that the overruling of an objection to 'a question propounded to a witness cannot be reviewed, or at least furnishes no ground for a reversal, unless the bill of exceptions shows that the question was answered and what the answer was. —Hughes v. State, 75 Ala. 31, and authorities there cited; Allen v. Draper, 98 Ala. 590. The rule is otherwise where an Objection to a proper question is sustained.—Nelson State, 130 Ala. 83. All exceptions reserved by defendant in - respect of testimony were to the overruling of his objec: lions to…
2Cases cited3 opinions
- Nelson v. StateSupreme Court of Alabama · 1900
- Hughes v. StateSupreme Court of Alabama · 1883
- Allen v. DraperSupreme Court of Alabama · 1893
3Cited by4 opinions
- Phillips v. StateSupreme Court of Alabama · 1946
- King v. StateAlabama Court of Appeals · 1917
- Rogers v. StateAlabama Court of Appeals · 1915
- Thrasher v. StateSupreme Court of Alabama · 1910