Owens v. State
Alabama Court of Appeals
Appeal from Mobile City Court. Heard before Hon. O. J. Semmes. Jobnnie Owens was convicted of grand larceny and he appeals. The bill of exceptions violates rule 32 Circuit Court Practice, and should be stricken. It should be stricken also because not filed within 90 days.- — -Sec. 3019, Code 1907.
1Opinion of the CourtBrown, J.
This case was submitted on the motion of the Attorney General to strike the bill of exceptions and on the merits.
The bill of exceptions is nothing more than a catechismal stenographic report of the trial, embodying the testimony of the witnesses and the remarks of counsel and of the court, in patent violation of rule 32 of circuit court practice. — Civil Code 1907, p. 1526; Hester v. Cantrell, 169 Ala. 490, 53 South. 1009.
*310In addition to this, as a canse for striking the bill of exceptions, it was not presented to the trial judge within 90 days from the rendition of the judgment.- — Code 1907,…
2Cases cited2 opinions
- Hester v. CantrellSupreme Court of Alabama · 1910
- Tuggle v. WilsonSupreme Court of Alabama · 1912
3Cited by3 opinions
- Turner v. ThorntonSupreme Court of Alabama · 1915
- J. H. Arnold & Co. v. Pinckard & LayAlabama Court of Appeals · 1918
- Clancy v. TaylorAlabama Court of Appeals · 1915