Kirkwood v. State
Supreme Court of Alabama
Certiorari to Court of Appeals. Will Kirkwood was convicted of manslaughter in the 1st degree and sentenced to imprisonment in the penitentiary for two years, and the judgment of the trial court having been affirmed by the Court of Appeals in the case of Kirkwood v. State, 8 Ala. App. 108; 62 South. 1011, he brings certiorari to review such judgment.
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Certiorari to Court of Appeals. Will Kirkwood was convicted of manslaughter in the 1st degree and sentenced to imprisonment in the penitentiary for two years, and the judgment of the trial court having been affirmed by the Court of Appeals in the case of Kirkwood v. State, 8 Ala. App. 108; 62 South. 1011, he brings certiorari to review such judgment. Certiorari is the proper remedy, and defendant is entitled to have by certiorari a review of the findings of what is in the record, although he may not be entitled to a review of the finding of the facts. — Sec. 5955, Subd. 3, Code 1907; Acts…
1Opinion of the CourtAnderson, J.
— This court has repeatedly laid down and followed the rule that it will revise the rulings of the Court of Appeals upon certiorari only as to questions of law, and not upon a finding of facts, or in the application of the facts to the law. — Livingston v. State, 181 Ala. 94, 61 South. 54; Ex parte Savannah Williams, *11182 Ala. 34, 62 South. 63; Ex parte Western Union Co., 183, Ala. 451, 63 South. 88. Therefore, the holding of the Court of Appeals that the record failed to disclose an exception to the ruling of the trial court in overruling objections as to certain parts of the evidence of Tom Dye…
2Cases cited5 opinions
- Bluett v. StateSupreme Court of Alabama · 1907
- Ex parte WilliamsSupreme Court of Alabama · 1913
- Livingston v. StateAlabama Court of Appeals · 1912
- Ex parte Western Union Telegraph Co.Supreme Court of Alabama · 1913
- Ex parte LivingstonSupreme Court of Alabama · 1913
3Cited by18 opinions
- Postal Tel. Cable Co. v. MinderhoutSupreme Court of Alabama · 1916
- Campbell v. StateSupreme Court of Alabama · 1927
- Brock v. StateAlabama Court of Appeals · 1937
- Smith v. StateSupreme Court of Alabama · 1933
- Milazzo v. StateSupreme Court of Alabama · 1939
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