Upshaw v. State
Alabama Court of Appeals
Appeal from Mobile City Court. Heard before Hon. O. J. Semmes. Mary Upshaw was convicted of embezzlement and she appeals. Counsel discuss the matters assigned as error, but in view of . the opinion, it is not deemed necessary to here set them out. The appeal has been discontinued for a failure to comply with rule 43 Sup. Ct. Pr., and should be dismissed.
1Opinion of the CourtBrown, J.
The judgment sought to be reviewed was rendered on the 4th day of December, 1913, and immediately following the sentence pronounced by the court is the following recital:
“The defendant giving notice of appeal, it is ordered and adjudged that the execution of this order be stayed until passed upon by the Court of Appeals.”
On March 14, 1914, what appears to be a mere stenographic report of the evidence was presented to the trial judge for his signature, and was signed by him as a bill of exceptions on June 14, 1914. In this supposed bill of exceptions, not a single exception is reserved, and it…
2Cases cited10 opinions
- Ex parte KnightSupreme Court of Alabama · 1878
- Campbell v. StateSupreme Court of Alabama · 1913
- Ex parte WilliamsSupreme Court of Alabama · 1913
- Cudd v. ReynoldsSupreme Court of Alabama · 1914
- Porter v. MartinSupreme Court of Alabama · 1903
5 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Rivers v. StateAlabama Court of Appeals · 1915
- Mazett v. StateAlabama Court of Appeals · 1914
- Rivers v. StateAlabama Court of Appeals · 1915