Fuller v. State

BRICKEN, Presiding Judge.

The appeal in this case is upon the record only. There is no bill of exceptions.

The Statute (Title 15, Section 389) makes it the duty of the appellate courts to consider all questions apparent on the record, and to render such judgment as the law demands.

In this case it appears from the record that the prosecution was begun in the Inferior Criminal Court of Mobile County wherein the defendant was charged, by affidavit, with the offense of assault; a misdemeanor. From a judgment of conviction in said court, the defendant, appealed to the circuit court, and in said…