Gains v. State
Supreme Court of Alabama
Appeal from Shelby County Court. Heard, before Hon. A. P. Longshore. This prosecution was commenced by affidavit, which charged that Ben Cains, a person not an employe in the discharge of his duty, and without authority from the conductor of the train or by permission of the engineer, and with the intention of being transported free and without paying the usual fare for such transportation, did ride on the top of a Louisville & Nashville railroad car, or a freight car on the…
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Appeal from Shelby County Court. Heard, before Hon. A. P. Longshore. This prosecution was commenced by affidavit, which charged that Ben Cains, a person not an employe in the discharge of his duty, and without authority from the conductor of the train or by permission of the engineer, and with the intention of being transported free and without paying the usual fare for such transportation, did ride on the top of a Louisville & Nashville railroad car, or a freight car on the Louisville & Nashville railroad. The warrant charging this offense was issued on this affidavit. The cause was tried on…
1Opinion of the Court
DOWDELL, J. —
The bill of exceptions recites that a demurrer Avas overruled to the affidavit. The record does not sIioav any demurrer or ruling thereon by the court, otherwise than by the recital in the bill of exceptions. This is insufficient to present the question for revieAv on appeal. — McQueen v. State, 138 Ala. 63, 35 South. 39; Broadhead v. State, (Ala.) 40 South 216, and cases there cited.
*32The bill of exceptions recites that “the defendant asked the court in writing to give the jury the following-charges,” and then follows charges numbered from 1 to 4, inclusive, and concludes: “The…
2Cases cited4 opinions
- Farrall v. StateSupreme Court of Alabama · 1858
- Johnson v. StateSupreme Court of Alabama · 1904
- Freiberg v. StateSupreme Court of Alabama · 1891
- McQueen v. StateSupreme Court of Alabama · 1902
3Cited by3 opinions
- Fike v. StrattonSupreme Court of Alabama · 1911
- Folmar v. StateAlabama Court of Appeals · 1923
- State v. GoinsSupreme Court of South Carolina · 1922