Murphy v. State

• RICE, Judge.

The. motion is to establish the bill of exceptions under the provisions of Code 1923, § 6435. The facts set up in the motion show' that it could not be intended as a proceeding under the provisions of section 6436 of the Code. See Sovereign Camp, W. O. W., v. Ward, 200 Ala. 19, 75 So. 331, where the distinction between the two sections is pointed out. Also see Eason v. State, 22 Ala.App. 424, 116 So. 409, and Fries v. Acme White Lead & Color Works, 18 Ala.App. 80, 89 So. 842.

It would seem, and we hold, that when motion is made, as here, to establish a bill of exceptions under…