Durrett v. State
Supreme Court of Alabama
Appeal from the County Court of Tuskaloosa. Tried before the Hon. J. J. Mayfield. The appellant in this case, Ben Durrett, was indicted, tried and convicted of murder in the first degree and sentenced to be hanged. It appears from the bill of exceptions that there was a motion made by the defendant in arrest of judgment, but this motion is not shown by the record, and appears no where except in the bill of exceptions.
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Appeal from the County Court of Tuskaloosa. Tried before the Hon. J. J. Mayfield. The appellant in this case, Ben Durrett, was indicted, tried and convicted of murder in the first degree and sentenced to be hanged. It appears from the bill of exceptions that there was a motion made by the defendant in arrest of judgment, but this motion is not shown by the record, and appears no where except in the bill of exceptions. The other facts of (the case are sufficiently shown in the opinion. The ruling of the trial court upon the motion in arrest of judgment not being shown by the record will not be…
1Opinion of the CourtDowdell, J.
In this case, as in the case of Diggs v. State, 77 Ala. 68, the motionin arrest-of judgment and the ruling -of the court itliereon do not appear otherwise than from the bill of exceptions. A motion in arrest of judgment is based on error of law apparent on the face of the record. The error or defect is one shown in the record proper, — -the record which the law requires to be preserved in permanent form, as, for instance, the judgments of the court. In Diggs v. State, supra, iit-was said: “It ha® been repeatedly held by this court, that it is not the appropriate office of a bill of exceptions…
2Cases cited8 opinions
- Noles v. StateSupreme Court of Alabama · 1854
- Ex parte KnightSupreme Court of Alabama · 1878
- Petty v. DillSupreme Court of Alabama · 1875
- Noles v. StateSupreme Court of Alabama · 1855
- Harrall v. StateSupreme Court of Alabama · 1855
3 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Parsons v. StateSupreme Court of Alabama · 1913
- Thomas v. StateSupreme Court of Alabama · 1903
- Ledlow v. StateSupreme Court of Alabama · 1930
- Roden v. StateAlabama Court of Appeals · 1915
- Waldrop v. StateCourt of Criminal Appeals of Alabama · 1974
5 more not listed; retrieve them via the Exa API.