Legal Opinion

Wynn v. State

Supreme Court of Alabama

Decided December 15, 1888PublishedCited by 2 opinions

From tbe Criminal Court of Pike. Tried before tbe Hon. Wi. H. Parks. Tbe defendant in this case was indicted for verbal slander in charging that Jack Parker bad committed perjury in testifying as a witness on tbe trial of a criminal prosecution against said defendant and bis son. On tbe trial, tbe defendant pleaded not guilty, but did not demand a trial by jury.

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From tbe Criminal Court of Pike. Tried before tbe Hon. Wi. H. Parks. Tbe defendant in this case was indicted for verbal slander in charging that Jack Parker bad committed perjury in testifying as a witness on tbe trial of a criminal prosecution against said defendant and bis son. On tbe trial, tbe defendant pleaded not guilty, but did not demand a trial by jury. On tbe evidence adduced, all of which is set out in tbe bill of exceptions, tbe court adjudged the defendant guilty, and further, “tbat tbe following punishment be awarded — a fine of $20, and ten days bard labor for tbe county, and…

1Opinion of the CourtMcCLELLAN, J.

The appellant, having waived a jury, was tried and convicted before the judge of the Criminal Court of Pike county. The exception reserved goes only to the correctness of the court’s finding on the facts. The statute establishing that court does not authorize us to review the conclusions of the judge on the evidence adduced before him.' — Acts 1888-89, p. 631. Without statutory authority in that behalf, this court has no jurisdiction in such cases. Knowles v. State, 80 Ala. 9; Bell v. State, 75 Ala. 25. Were this otherwise in the present instance, appellant would take nothing by this appeal.…

2Cases cited2 opinions

  1. Knowles v. StateSupreme Court of Alabama · 1885
  2. Bell v. StateSupreme Court of Alabama · 1883

3Cited by2 opinions

  1. Boyd v. StateSupreme Court of Alabama · 1889
  2. Giles v. StateSupreme Court of Alabama · 1889

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