From Casetext: Smarter Legal Research

Hewett v. State

Supreme Court of Alabama
Feb 13, 1936
165 So. 772 (Ala. 1936)

Opinion

7 Div. 348.

February 13, 1936.

Appeal from Circuit Court, Calhoun County; Lamar Field, Judge.

H. H. Evans, of Anniston; for appellant.

A. A. Carmichael, Atty. Gen., and Jas. L. Screws, Asst. Atty. Gen., for the State.


The appeal is upon the record, without bill of exceptions, from a judgment of conviction for murder in the first degree, with the infliction of life imprisonment as the penalty.

There appears no error in the record proper. Scott v. State, 228 Ala. 509, 154 So. 113.

The record discloses charges given for defendant, and some refused, with no reference to any oral charge of the court. Appellant argues error as to the refused charges. But in the absence of a bill of exceptions, these are matters not here subject to review. Preston v. State, ante, p. 285, 164 So. 571; Levert v. State, 220 Ala. 425, 125 So. 664; Jiles v. State, 218 Ala. 658, 120 So. 147.

Let the judgment stand affirmed.

Affirmed.

BOULDIN, FOSTER, and KNIGHT, JJ., concur.


Summaries of

Hewett v. State

Supreme Court of Alabama
Feb 13, 1936
165 So. 772 (Ala. 1936)
Case details for

Hewett v. State

Case Details

Full title:HEWETT v. STATE

Court:Supreme Court of Alabama

Date published: Feb 13, 1936

Citations

165 So. 772 (Ala. 1936)
165 So. 772

Citing Cases

Rutherford v. State

Thos. S. Lawson., Atty. Gen., and Willard McCall, Asst. Atty. Gen., for the State. Where there was no motion…

Braswell v. State

The sole insistence of error is the refusal of the trial court to give for the defendant a certain written…