Wetzel v. State

SAMFORD, Judge.

The submission of this case was upon motion to establish the bill of exceptions, under section 6435 of the Code of 1923; and, also, upon merits.

Said section of the Code above cited provides that on a motion of this character, if the trial judge fails or refuses to sign a bill of exceptions, the point of decision and the facts being truly stated, the appellate court must receive such evidence of the facts as may be deemed by it satisfactory, and proceed to hear the cause as if the bill had been signed by the judge, etc.

On the motion to establish the bill of exceptions, the…