Smith v. State
Alabama Court of Appeals
Appeal from Shelby County Court. Heard before I-Ion. E. S. Lyman. From a conviction for violating the prohibition law James Smith appeals. The pleadings do not appear in the record and the action of the lower court cannot be reviewed. Ala. O. Go. v. Niles, 156 Ala. 298; G. of Ga. v. Ashley, 160 Ala. 580. Counsel discuss objections to evidence, and insist that under the Fuller bill, Acts 1909, p. 91, the evidence admitted was competent.
1Opinion of the CourtPelham, J.
The ruling of the trial court on the motions to strike the warrant, quash the affidavit and warrant, and to strike the plea in abatement cannot be considered here, as the pleadings referred to in the recitals of the judgment entry are not shown or set out in the record proper or the'bill of exceptions. This court is not informed as to what these pleadings "were, except as shown by the judgment entry of the court’s ruling, and the court below cannot be put in error on the mere recitals alone of the court’s ruling, contained in the judgment entry. Ala. Chem. Co. v. Niles, 156 Ala. 298, 47…
2Cases cited7 opinions
- Alabama Chemical Co. v. NilesSupreme Court of Alabama · 1908
- McIntosh v. StateSupreme Court of Alabama · 1903
- Untreinor v. StateSupreme Court of Alabama · 1906
- Central of Georgia Railway Co. v. AshleySupreme Court of Alabama · 1909
- Guarreno v. StateSupreme Court of Alabama · 1906
2 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Askew v. StateAlabama Court of Appeals · 1912
- Conwill v. StateAlabama Court of Appeals · 1913