Peterman v. State
Supreme Court of Alabama
Appeal from the Circuit Court of Heury. Tried before the Hob. Joiik P. Hubbabd. The appellant in this case, Albert Peterman, was indicted, tried and convicted for carrying a pistol concealed about his person. Under the opinion of the present appeal, the bill of exceptions can not be looked to in order to review the rulings of the trial court; and, therefore, it is unnecessary to set out the facts of the case in detail.
1Opinion of the Court
DOWDELL, J. —
The bill of exceptions in this case was signed in vacation. So far as the record shows there was no agrément in writing by counsel, nor order of the court in term time, pursuant to the requirements of the statute, which extended the time for the signing of the bill beyond the term of the court. The bill of exceptions contains a recital to the effect, that an order was made by the court fixing a time in vacation, but no such order appears in the record proper. It has been decided by this court that such an order by the court must appear of record, and the omission cannot be…
2Cases cited1 opinion
- Dantzler & Sons v. Swift Creek Mill Co.Supreme Court of Alabama · 1900
3Cited by3 opinions
- McCormack Harvesting Machinery Co. v. ClaytonSupreme Court of Alabama · 1907
- E. C. Porter & Co. v. LoebSupreme Court of Alabama · 1906
- Strickland v. StateSupreme Court of Alabama · 1907