Montgomery v. State
Alabama Court of Appeals
Appeal from Circuit Court, Morgan County; F. Loyd Tate, Judge. Will Montgomery was convicted of murder-in the second degree, and he appeals. ’ Under section 6252 and Acts 1915, p. 815, the oral charge of the court, as well as the charges refused to the defendant, are not required to be shown by bill of exceptions, but become a part of the record.
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Appeal from Circuit Court, Morgan County; F. Loyd Tate, Judge. Will Montgomery was convicted of murder-in the second degree, and he appeals. ’ Under section 6252 and Acts 1915, p. 815, the oral charge of the court, as well as the charges refused to the defendant, are not required to be shown by bill of exceptions, but become a part of the record. (Counsel here marked do not appear in the trial of the cause, and no brief appears from counsel on the trial.) The evidence of the character of the deceased is not relevant, until some element of self-defense is developed, and then cannot he shown by…
1Dissent
I am constrained to differ from the other members of the court in the holding that in all criminal cases it is unnecessary for the defendant to reserve exceptions to the oral charge of the court in order that it may be reviewed on appeal. Since the case of Ex parte Knight, 61 Ala. 482, it has been the uniform ruling of the Supreme Court and Court of Appeals that a defendant could not, on appeal, complain of a portion of the oral charge of the court, unless before the jury retired an exception was reserved to that portion assigned as error and incorporated in the bill of exceptions. Bolling v.…
2Cases cited11 opinions
- Ex parte KnightSupreme Court of Alabama · 1878
- Johnson v. StateSupreme Court of Alabama · 1856
- Jones' Heirs v. Jones' AdministratorSupreme Court of Alabama · 1868
- Barlew v. StateAlabama Court of Appeals · 1912
- Irvin v. StateSupreme Court of Alabama · 1874
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