Travis v. State
Supreme Court of Alabama
Appeal from Perry Circuit Court. Heard before Hon. B. M. Miller. Phillip Travis ivas convicted of murder in the first degree, and he appeals. There is no bill of exceptions in the record, and the record shows all the preliminary steps requisite to a legal trial for murder in the first degree, verdict of the jury, and judgment thereon, together with a judgment overruling a motion in arrest of judgment, but the motion itself does not appear in the record.
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Appeal from Perry Circuit Court. Heard before Hon. B. M. Miller. Phillip Travis ivas convicted of murder in the first degree, and he appeals. There is no bill of exceptions in the record, and the record shows all the preliminary steps requisite to a legal trial for murder in the first degree, verdict of the jury, and judgment thereon, together with a judgment overruling a motion in arrest of judgment, but the motion itself does not appear in the record. There is no error of record, and a motion based on error apparent of record is properly overruled. For aught that appears, the motion was not…
1Opinion of the CourtDowdell, C. J.
The appeal in this case is taken on the record without a bill of exceptions. The only question raised on the record is the action of the court in overruling the defendant’s motion in arrest of judgment. The grounds of the motion are not set out. As the record appears in all respects regular, the motion, if based on error apparent of record, was properly overruled. Moreover, the motion was not made until after judgment had been entered on the verdict. The motion, therefore, in arrest of judgment came too late. — Sanders v. State, 129 Ala. 69, 29 South. 841.
A careful consideration of the record…
2Cases cited1 opinion
- Sanders v. StateSupreme Court of Alabama · 1900