Norille v. State
Supreme Court of Alabama
Appeal from the 'Criminal Court of Jefferson. Tried before the Hon. Daniel A. Gtieene. The appellant in this case was prosecuted and convicted for presenting a pistol at another person.
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Appeal from the 'Criminal Court of Jefferson. Tried before the Hon. Daniel A. Gtieene. The appellant in this case was prosecuted and convicted for presenting a pistol at another person. The cause was tried by the judge of the criminal court without a jury, and there ivas no agreed statement of facts, nor was there any special finding of the facts by the court, nor a request for such finding. cited Wharton v. Stale, 73 Ala. 366; Tarver v. State, 13 Ala. 354; Lawson v. State, 30 Ala. 14. cited Davenport v. State, 112 Ala. 50; Fiebelman v. State, 130 Ala. 122; Wright v. State, 29 So. Rep. 864;…
1Opinion of the Court
McCLELLAN, C. J.-
This case was tried by the judge without a jury. It is sought by thisi appeal only ¡to have his finding and conclusion of guilt on the testimony reviewed. The facts were not agreed upon, nor was there any special finding of them nor request for such finding. On this state of case the conclusion of the judge stands as a verdict of a jury, and cannot be revised by this court. — Bell v. State, 75 Ala. 25; Knowles v. State, 80 Ala. 9; Wright v. State, 29 So. Rep. 864; Fiebelman v. State, 130 Ala. 122.
Affirmed.
2Cases cited3 opinions
- Feibelman v. StateSupreme Court of Alabama · 1900
- Knowles v. StateSupreme Court of Alabama · 1885
- Bell v. StateSupreme Court of Alabama · 1883
3Cited by7 opinions
- Watson v. AdamsSupreme Court of Alabama · 1914
- Loyd v. OatesSupreme Court of Alabama · 1904
- Orforda v. StateCourt of Criminal Appeals of Alabama · 1976
- Stephens v. StateCourt of Criminal Appeals of Alabama · 1973
- Mayhall v. StateSupreme Court of Alabama · 1906
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