Kelly v. State

LIVINGSTON, Chief Justice.

On an information filed by the Circuit Solicitor of Jefferson County, Alabama, John Harvey Kelly was convicted for a violation of Title 14, Sec. 56 of the Code of Alabama 1940. The trial was had on evidence taken ore tenus before the trial judge, and without the aid of a jury. A motion to set aside the judgment and grant a new trial was overruled. Kelly appealed to the Court of Appeals of Alabama.

Under and pursuant to the provisions of Title 13, Sec. 102 of the Code of 1940, the cause was transferred to this Court.

Section 56 of Title 14, Code 1940, reads as follows:

“A…