Legal Opinion

Preston v. State

Supreme Court of Alabama

Decided December 12, 1935No. 5 Div. 211PublishedCited by 3 opinions

1Opinion of the Court

GARDNER, Justice.

The appeal is from a judgment of conviction of murder in the first degree, with the infliction of the death penalty.

There is no hill of exceptions, and the refusal to defendant of the affirmative charge as to each separate count of the indictment, and to the indictment as a whole, is not here, reviewable. There was no error in overruling the demurrer to the indictment. Thomas v. State, 111 Ala. 51, 20 So. 617; Ex parte State (Brooms v. State), 197 Ala. 419, 73 So. 35.

There appears nothing further in the record deserving special comment.

No reversible error appearing, let the…

2Cases cited2 opinions

  1. Ex Parte State, in re Brooms v. StateSupreme Court of Alabama · 1916
  2. Thomas v. StateSupreme Court of Alabama · 1895

3Cited by3 opinions

  1. Hewett v. StateSupreme Court of Alabama · 1936
  2. Jackson v. StateSupreme Court of Alabama · 1936
  3. Rhodes v. StateSupreme Court of Alabama · 1937

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