Davidson v. State
Alabama Court of Appeals
Appeal from Clay County Court. Heard before Hon. E. J. Garrison. Will Davidson was convicted of an assault and he appeals.
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Appeal from Clay County Court. Heard before Hon. E. J. Garrison. Will Davidson was convicted of an assault and he appeals. No venue was proven in this case. — Section 7140, Code 1907. The state should have been compelled to elect upon Avhich count it Avould proceed. — McPherson v. The State, 54 Ala. 221; Bass v. The State, 63 Ala. 108; Orr’s case, 108 Ala. 571. On the question of venue see further. — Harvey v. The State, 125 Ala. 47; Milton v. The State, 134 Ala. 42; Brown v. The State, 100 Ala. 92; 99 Ala. 180; 100 Ala. 139; 104 Ala. 83. The court properly denied the defendant’s motion to…
1Opinion of the Court
PELHAM, J. —
The case Avas tried before the court Avithout a jury; the defendant being charged Avith an assault with' a Aveapon. The contention is made that the venue was not proven. This question, hoAvever, is not shOAvn to have been raised in any Avay that would authorize us to consider the proof in relation to that matter. The bill of exceptions on this point shows that after the court had ascertained the guilt of the defendant, assessed a fine, and rendered a judgment of guilty, “thereupon” the defendant excepted, to the finding and judgment. No point Avas made or objection raised to the…
2Cases cited9 opinions
- Tanner v. StateSupreme Court of Alabama · 1890
- Lucas v. StateSupreme Court of Alabama · 1905
- Butler v. StateSupreme Court of Alabama · 1890
- Smith v. StateSupreme Court of Alabama · 1875
- Winter-Loeb Grocery Co. v. Mutual Warehouse Co.Alabama Court of Appeals · 1912
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3Cited by3 opinions
- Troup v. StateAlabama Court of Appeals · 1946
- Cowart v. StateAlabama Court of Appeals · 1917
- Lasseter v. DeasAlabama Court of Appeals · 1913