Eastep v. State

RICE, Judge.

The bill of exceptions in this ease is affected with the identical infirmity existing in the bill of exceptions discussed in Harris v. Alston, 217 Ala. 414, 116 So. 116; but we will not strike it of our own motion, as the Supreme Court, in the opinion in the ease just cited, said our right to do so was “questionable.” Code 1923, § 7318.

Appellant was on, to wit, September 28, 1931, regularly tried and acquitted, upon charges contained in an indictment theretofore on, to wit, April 11, 1931, duly, etc., returned against him. This indictment contained, among others, the following…