페이지 이미지
PDF
ePub

(100 So.) was carefully considered by the section of the and Young Wall, both of Athens, for appellant. court then sitting on the original hearing and W. W. Callahan and A. J. Harris, both of Decaupon rehearing and has been duly considered by tur, for appellee. the other section, before whom the second ap PER CURIAM. Affirmed. peal was argued, and while we are not unmindful of section 5965 of the Code, providing that the former opinion must not be regarded as conclusive, we think that the same is sound S. W. MAY et al. v. B. W. HEAD. (4 Div. and adhere thereto. The decree of the circuit 97.) (Supreme Court of Alabama. June 12, court is affirmed. Affirmed.

1924.) Appeal from Circuit Court. Crenshaw ANDERSON, C. J., and SAYRE, GARDNER, County; Arthur E. Gamble, Judge. and MILLER, JJ., concur.

PER CURIAM. Appeal dismissed by appel. lant.

wi

BIRMINGHAM LAND & MORTGAGE CO.

Mary E. MAY et al. v. STEELS BLUFF v. STATE. (6 Div. 136.) (Supreme Court of MERCANTILE COMPANY. (2 Div. 831.) Alabama. May 22, 1924.) Appeal from Circuit (Supreme Court of Alabama. May 22, 1924.) Court, Jefferson County; Joe C. Hail, Judge. Appeal from Circuit Court, Greene County; Beddow & Oberdorfer and Z. T. Rudolph, all John McKinley, Judge. of Birmingham, for appellant. Harwell G. Da

PER CURIAM. Appeal dismissed by appelvis, Atty. Gen., for the State.

lants,
PER CURIAM. Appeal dismissed by appel-
lant.

WALKER ELECTRIC & PLUMBING COM-
Thomas J. BOOZER v. Benj. F. ELMORE. PANY v. W. H. KNIGHT. (7 Div. 456.) (Su-
(2 Div. 840.)
(Supreme Court of Alabama. preme Court of Alabama. June 3, 1924.) Ap-

peal from Circuit Court, Randolph County; S. May 15, 1924.) Appeal from Circuit Court,

L. Brewer, Judge.
Marengo County; John McKinley, Judge.

PER CURIAM. Appeal dismissed by appel-
PER CURIAM. Affirmed on certificate.

lant.

[ocr errors][merged small]

AMERICAN STEEL & WIRE CO. A. CENTRAL OF GEORGIA RAILWAY CO. v. WILHITE. (6 Div. 578.) (Court of Appeals ALABAMA PACKING CO. (6 Div. 138.)

of Alabama May 20, 1924.) Appeal from (Supreme Court of Alabama. May 22, 1924.) Circuit Court, Jefferson County, Bessemer Appeal from Circuit Court, Jefferson County: Division; J. O. B. Gwin, Judge. Roger Snyder, Judge. Nesbit & Sadler, of Birmingham, for appellant. Black, Harris & Fos

BRICKEN, P, J. Appeal dismissed by con

sent of parties.
ter and D. G. Ewing, all of Birmingham, for
appellee.

PER CURIAM. Appeal dismissed by appel E. W. BEASON V. TOWN OF HEFLIN.
lant.

(7 Div. 51.) (Court of Appeals of Alabama. June 10, 1924.) Appeal from Circuit Court,

Cleburne County; S. W. Tate, Judge. E. W. Ex parte A. D. DORSEY. (7 Div. 483.) Beason was convicted of violating an ordinance (Supreme Court of Alabama. May 15, 1924.) of the Town of Heflin, and appeals. Affirmed. Certiorari to Court of Appeals. J. R. Beavers, Merrill & Jones, of Heflin, for appellee. of Birmingham, and Longshore, Koenig & Long

BRICKEN, P. J. This appellant was conshore, of Columbiana, for petitioner. Harwell victed in the mayor's court of the town of G. Davis, Atty. Gen., opposed.

Heflin for a violation of the prohibition ordiPER CURIAM. Petition of A. D. Dorsey for nances of said town. The record shows that certiorari to the Court of Appeals to review appellant interposed a plea of guilty as charged and revise the judgment and decision there ren in the mayor's court, but, notwithstanding said dered in the case of Dorsey v. State, 99 South. plea, he took an appeal to the circuit court, 830. Writ denied. Postal Co. v. Minderhout, and was there tried for the same offense upon 195 Ala. 420, 71 South. 91.

complaint filed by the attorneys for the town of Heflin. The trial in the circuit court was

[ocr errors]

before a jury. He was again convicted, from FIRST NATIONAL BANK, Ex'r, v. P. D. which judgment this appeal was taken. There BARKER. (1 Div. 306.) (Supreme Court of are no assignments of error, and the cause is

here submitted upon motion to affirm. The mo-
Alabama. May 22, 1924.) Appeal from Circuit tion is granted, and the judgment appealed from
Court, Mobile County; Saffold Berney, Judge. is affirmed. Affirmed.
PER CURIAM. Affirmed on certificate.

I. A, BLACK v. Wyatt POPE. (4 Div. 910.)
FIRST NATIONAL BANK OF ATHENS V. (Court of Appeals of Alabama. June 12, 1924.)
CITY NATIONAL BANK OF DECATUR. (8 Appeal from Circuit Court, Henry County; H.
Div. 600.) (Supreme Court of Alabama. May A. Pearce, Judge.
20, 1924.) Appeal from Circuit Court, Lime PER CURIAM. Appeal dismissed for want
stone County; Osceola Kyle, Judge. Fred Wall of prosecution,

*

[ocr errors][merged small][ocr errors][merged small][ocr errors][merged small]

son,

[ocr errors][merged small][merged small]

Lee C. BRADLEY et al., Rec’rs, v. George | Bessemer Division; J. C. B. Gwin, Judge. DisNORDMAN. (6 Div. 448.) (Court of Appeals tilling. of Alabama. May 13, 1924.) Appeal froin Cir FOSTER, J. Appeal dismissed. cuit Court, Jefferson County; John Denson, Judge. Tillman, Bradley & Baldwin, of Birmingham, for appellants. G. D. Finley, of Birmingham, for appellee.

Jim HAMMOND V. STATE. (8 Div, 212.)
SAMFORD, J. Appeal dismissed.

(Court of Appeals of Alabama. June 3, 1924.)
Appeal from Circuit Court, Lauderdale Coun-

ty; Chas. P. Almon, Judge. Possessing a still. Ike BRASHER V. CITY OF SYLACAUGA.

FOSTER, J. Appeal dismissed.
(7 Div, 950.) (Court of Appeals of Alabama.
Jume 5, 1924.) Appeal from Circuit Court,
Talladega County; A. P. Agee, Judge.
PER CURIAM. Appeal dismissed for want of

Carl HAYES V. STATE. (6 Div. 457.) prosecution.

(Court of Appeals of Alabama. May 20, 1924.)

Appeal from Circuit Court, Jefferson County; W. A. BROWN V. BUTLER-GARRETT Wm. E. Fort, Judge. REAL ESTATE & INS. CO. (6 Div, 316.) BRICKEN, P. J. At the January term, 1923, (Court of Appeals of Alabama. May 13, 1924.) the grand jury found and returned into open Appeal from Circuit Court, Jefferson County; court an indictment against this appellant, Roger Snyder, Judge. John 1). Strange, charging in count 1 the larceny of one fiveof Birmingham, for appellant. Arlie Barber, passenger Ford automobile, of the value of of Birmingham, for appellee.

$500, the personal property of Lucien ThompFOSTER, J. Affirmed on motion.

Count 2 charged that he did buy, receive, conceal, etc., said automobile, knowing that it

was stolen, and not having the intent to reCITY OF BRIDGEPORT. v. G. F. IVEY. store it to the owner. He was convicted by (8 Div. 135.) (Court of Appeals of Alabama. I the jury under count 2, and was sentenced by May 22, 1924.) Appeal from Circuit Court, the court in conformity to law. He appeals to Jackson County; W. W. Haralson, Judge.

this court, and the appeal is upon the record PER CURIAM. Appeal dismissed for want the duty of this court to consider all questions

only, there being no bill of exceptions. It is of prosecution.

apparent in the record. This we have done,

and, finding no errors, the judgment appealed Cecil COURSON et al. v. STATE. (4 Div. from is affirmed. Affirmed. 956.) (Court of Appeals of Alabama. June 17, 1924.) Appeal from Circuit Court, Covington County; W. L. Parks, Judge. Violating prohibition law.

Austin HENLEY V. STATE. (4 Div. 978.)
SAMFORD, J. Affirmed.

(Court of Appeals of Alabama. June 24,
1924.) Appeal from Circuit Court, Covington

County; W. L. Parks, Judge.
Van GLENN V. STATE. (6 Div. 513.)

BRICKEN, P, J. The defendant was put to (Court of Appeals of Alabama. _May 13, 1924.) trial upon an indictment which charged him Appeal from Circuit Court, Lamar County; with the offense of assault with intent to mur: Ernest Lacy, Judge. Distilling.

der one Riley A. Franklin. He was convicted FOSTER J. Appeal dismissed.

[ocr errors][merged small][merged small][merged small]
[ocr errors]

of an assault and battery, the jury assessing
a fine against him of $100. Failing to pay the

fine and cost, or to confess judgment therefor, Willie GRIFFIN V. STATE. (6 Div. 521.) he was sentenced to hard labor for the county (Court of Appeals of Alabama. June 10, 1924.) as required by law, and the court also senAppeal from Circuit Court, Jefferson County, tenced him to wo months' additional hard labor Bessemer Division; J. C. B. Gwin, Judge.

for the county. From the judgment of conManslaughter, first degree.

viction he appealed to this court. There is no FOSTER, J. Appeal dismissed on motion of bill of exceptions, the appeal being upon the appellant.

record proper. The record has been examined,
and is without error. The proceedings appear

therein to be regular in all respects. Let the
Wed GWIN v. STATE. (6 Div. 401.) | judgment stand affirmed. Affirmed.
(Court of Appeals of Alabama. May 13, 1924.)
Appeal from Circuit Court, Jefferson County,
Bessemer Division; J. C. B. Gwin, Judge. Dis-
tilling.
SAMFORD, J. Appeal dismissed.

M. V. HENRY, Treasurer, v. Paul RAGS-
DALE. (6 Div. 543.) (Court of Appeals of
Alabama. May 13, 1924.) Appeal from Cir-

cuit Court, Jefferson County, Bessemer Divi-
Nathan H. GWIN v. STATE. (6 Div. 402.) sion; J. C. B. Gwin, Judge.
(Court of Appeals of Alabama. May 13, 1924.) BRICKEN, P. J. Appeal dismissed upon
Appeal from Circuit Court, Jefferson County, motion of appellant.

tio the

it

Co hi

(100 So.) Alonza HENRY V. STATE. (5 Div. 499.) Joe LAVENDER V. CITY OF TUSCALOO(Court of Appeals of Alabama. May 13, 1924.) SA. (6 Div. 418.) (Court of Appeals of AlaAppeal from Circuit Court, Russell County; J. bama. May 13, 1924.) Appeal from Circuit S. Williams, Judge. Burglary.

Court, Tuscaloosa County; Fleetwood Rice, SAMFORD, J. Appeal dismissed.

Judge. Violating city ordinance.

FOSTER, J. Appeal dismissed.

J. J. HONEYCUTT v. CITY OF BIRMING-
HAM. (6 Div. 455.) (Court of Appeals of

Joe LAVENDER V. CITY OF TUSCALOO-
Alabama. May 13, 1924.) Appeal from Circuit SA. (6 Div. 419.) (Court of Appeals of Ala-
Court, Jefferson County; William E. Fort, bama. May 13, 1924.) Appeal from Circuit
Judge. Violating prohibition law.

Court, Tuscaloosa County; Fleetwood Rice,

Judge. Violating prohibition ordinance. FOSTER, J. Affirmed on motion of appellee.

BRICKEN, P. J. Appeal dismissed.

Joseph N. HUGHES V. STATE. (8 Div. Joe LAVENDER V. CITY OF TUSCALOO.
167.) (Court of Appeals of Alabama. May SA. (6 Div. 420.) (Court of Appeals of Ala-
20, 1924.) Appeal from Circuit Court, Lime-bama. May 13, 1924.) Appeal from Circuit
stone County; Osceola Kyle, Judge. Keeping a Court, Tuscaloosa County; Fleetwood Rice,
gaming table.

Judge. Violating prohibition ordinance.
FOSTER, J. Affirmed.

SAMFORD, J. Appeal dismissed.

Ed IRELAND V. STATE. (6 Div. 493.)

Wed LE NIER, alias, etc., V. STATE. (8 (Court of Appeals of Alabama. May 13, 1924.) Div. 393.) (Court of Appeals of Alabama. Appeal from Circuit Court, Jefferson County; May 13, 1924.) Appeal from Circuit Court, H. P. Heflin, Judge. , Buging, etc., stolen drop- Tuscaloosa County; Fleetwood Rice, Judge. erty.

Murder, second degree.
BRICKEN, P. J. Appeal dismissed upon mo-

SAMFORD, J. Appeal dismissed.
tion of appellant.

K. D. LIKIS v. CITY OF BIRMINGHAM. H. S. JACKSON, alias, etc., v. STATE. (4

(6 Div. 454.) (Court of Appeals of Alabama. Div. 957.)

(Court of Appeals of Alabama. May 13, 1924.) Appeal from Circuit Court, June 17, 1924.) Appeal from Circuit Court, Jefferson County; Roger Snyder, Judge. DisCovington County; W. L. Parks, Judge. Vio- orderly conduct. lating prohibition law.

SAMFORD, J. Affirmed. FOSTER, J. This is an appeal on the record, without bill of exceptions. There is no error in the record, and the judgment of the cir Charlie LONG V. STATE. (7 Div. 984.) cuit court is affirmed. Affirmed.

(Court of Appeals of Alabama. June 10, 1924.) Appeal from Circuit Court, Cleburne County; A. P. Agee, Judge. Violating prohibi

tion law. Mansfield JONES V. STATE. (6 Div. 458.) FOSTER, J. There is no bill of exceptions, (Court of Appeals of Alabama. June 3, 1924.) and no error in the record. Affirmed. Appeal from Circuit Court, Jefferson County; H. P. Heflin, Judge, Manslaughter in second degree.

1

[ocr errors]

B. C. LYNN V. STATE. (6 Div. 404.) SAMFORD, J. There is no bill of excep- (Court of Appeals of Alabama. May 13, 1924.) tions, and, no error appearing on the record, Appeal from Circuit Court, Jefferson County, the judgment is affirmed. Affirmed.

Bessemer Division; J. O. B. Gwin, Judge.
Violating prohibition law.

SAMFORD, J. Appeal dismissed,
Geo W. JONES V. STATE. (4 Div. 936.)
(Court of Appeals of Alabama. June 17,
1924.)

Appeal from Circuit Court, Coffee A. B. MCGREGOR v. STATE. (1 Div. 580.) County; W. L. Parks, Judge. Violating pro- (Court of Appeals of Alabama. June 17, 1924.) hibition law.

Appeal from Circuit Court, Mobile County; FOSTER, J. Appeal dismissed.

Saffold Berney, Judge. Assault and battery.

FOSTER, J. Appeal dismissed.

IA hi

March KIRKLAND, alias, etc., V. STATE. C. MCPHERSON V. E. F. WHITTEN. (8 (4 Div. 906.) (Court of Appeals of Alabama. Div. 102.) (Court of Appeals of Alabama. June 24, 1924.) Appeal from Circuit Court, May 22, 1924.) Appeal from Circuit Court, Houston County: H. A. Pearce, Judge. As Marshall County; W. W. Haralson, Judge. sault and battery.

PER CURIAM. Appeal dismissed for want SAMFORD, J. Appeal dismissed.

of prosecution.

Jack MALLETTE, alias, etc., v. STATE. (6 | Appeal from Circuit Court, Crenshaw County;
Div. 532.) (Court of Appeals of Alabama. Arthur E. Gamble, Judge. Concealed pistol.
June 24, 1924.) Appeal from Circuit Court, BRICKEN, P. J. Appeal dismissed on mo.
Tuscaloosa County; Fleetwood Rice, Judge. tion of Attorney General.

BRICKEN, P. J. Appeal dismissed.

[ocr errors]

Charlie RUSSELL V. STATE. (8 Div. 191.)
Pat MALOY v.

June 10,
STATE. (5 Div. 454.) / (Court of Appeals of Alabama.
(Court of Appeals of Alabama. June 24, 1924.) County; Osceola Kyle, Judge. Violating pro-

Appeal from Circuit Court, Madison
Appeal from Circuit Court, Russell County;

hibition law.
Lum Duke, Judge. Violating prohibition law.
FOSTER, J. This cause was submitted on tions, and, no errors appearing on the record,

SAMFORD, J. There is no bill of excep-
the record proper.

The record discloses no
The judgment of the lower court is af- the judgment is affirmed. Afirmed.
firmed.

[ocr errors]

error.

[ocr errors]

Snow SEXTON et al. V. STATE. (4 Div.
Monicue MORRIS V. STATE. (6 Div. 439.) | 928.) (Court of Appeals of Alabama, June
(Court of Appeals of Alabama. May 13, 1924.) 17, 1924.) Appeal from Circuit Court, Cren-
Appeal from Circuit Court, Jefferson County, shaw County; Arthur E. Gamble, Judge. Gam-
Bessemer Division; J. C. B. Gwin, Judge. ing.
False personation,

SAMFORD, J. Appeal dismissed.
SAMFORD, J. Appeal dismissed.

Ap Fle ig

S tio tely be

J

STATE v. William Eaton HAYNES. (3 Div.
H. W. OWENS, Judge, v. Lee PYBUS. (4 | 487.) (Court of Appeals of Alabama. June
Div. 908.) (Court of Appeals of Alabama. 19, 1924.) Appeal from Circuit Court, Butler
June 12, 1924.) Appeal from Circuit Court, County; Arthur E. Gamble, Judge. Habeas
Henry County; H. A. Pearce, Judge.

corpus fixing bail.
PER CURIAM. Appeal dismissed for want

PER CURIAM. Appeal dismissed by appel. of prosecution.

lant,

[merged small][merged small][merged small][ocr errors][ocr errors][ocr errors][merged small][merged small][merged small]

C. C. PEARCE v. Florence H, DUEL. (6

STATE v. Hugh Russell HAYNES. (3 Div.
Div. 576.) (Court of Appeals of Alabama.

488.) (Court of Appeals of Alabama. June
June 24, 1924.) Appeal from Circuit Court,

19, 1924.) Appeal from Circuit Court, Butler
Jefferson County; Richard V. Evans, Judge: County; Arthur E. Gamble, Judge. "Habeas
Clarence Mullins, of Birmingham, for appel- corpus fixing bail. '
lant. John W. Altman, of Birmingham, for

PER CURIAM, Appeal dismissed by appel-
appellee.

lant.
BRICKEN, P. J. Appeal dismissed by agree-
ment of parties.

Hellon STRAUGHTER V. STATE. (6 Div.
530.) (Court of Appeals of Alabama. May 20,

1924.) Appeal from Circuit Court, Tuscaloosa
T. C. PENTON v. Leo J. DRUM et al. (4

County; Fleetwood Rice, Judge. Abusive
Div. 946.) (Court of Appeals of Alabama.

language.
June 24, 1924.) Appeal from Circuit Court,

FOSTER, J. There is no bill of exceptions,
Covington County; W. L. Parks, Judge. J.

and the record fails to disclose any error. The
Morgan Prestwood, of Andalusia, for appellant.
Thigpen, Murphy & Jones, of 'Andalusia, for judgment of the circuit court is affirmed. Af-

firmed.
appellees.

SAMFORD, J. Affirmed on motion of appellees.

Jim STRODER V. CITY OF TUSCALOOSA. (6 Div. 422.) (Court of Appeals Alabama.

May 13, 1924.) Appeal from Circuit Court, James R. PINKSTON, alias, etc., V. STATE. Tuscaloosa County; Fleetwood Rice, Judge. (3 Div. 476.) (Court of Appeals of Alabama. Assault and battery with weapon. June 17, 1924.) Appeal from Circuit Court,

FOSTER, J. Appeal dismissed. Butler County; Arthur E. Gamble, Judge.

BRICKEN, P. J. From a judgment of conviction for the offense of arson in the first de

Fannie TATE v. STATE. gree, and a sentence of 10 years' imprisonment

(6 Div. 428.) in the penitentiary, the defendant appeals. The (Court of Appeals of Alabama. June 3, 1924.) appeal is upon the record proper, there being Appeal from Circuit Court, Jefferson County, no bill of exceptions. We have examined the Bessemer Division; J. C. B. Gwin, Judge. record, and find it regular in all things, and, as

Murder in the second degree. Pinkney Scott, Do error appears thereon, the judgment of the of Bessemer, for appellant. Harwell G. Davis, circuit court is affirmed. Affirmed.

Atty. Gen., for the State.

SAMFORD, J. There is no bill of exceptions, and no errors apparent on the record and

the judgment is affirmed. There is a motion to Mancil REEVES v. STATE. (4 Div, 930.) quash the venire, which was overruled, but (Court of Appeals of Alabama. June 7, 1924.) | there is nothing in the record to indicate that

(100 So.)
the venire is not in strict accord with the stat 0. H. WHITSIDE v. STATE. (7 Div. 951.)
ute in such cases made and provided. Let the (Court of Appeals of Alabama. June 3, 1924.)
judgment be affirmed. Affirmed,

Appeal from Circuit Court, Etowah County; 0.
A. Steele, Judge. Assault and battery.

FOSTER, J. Affirmed, on authority of Sum.
Rufus TAYLOR V. CITY OF BIRMING- mers v. State (Ala. App.) 99 South. 48.
HAM. (6 Div. 566.) (Court of Appeals of
Alabama. June 17, 1924.) Appeal from Cir-
cuit Court, Jefferson County; Richard V.

William WILKINSON V. STATE. (8 Div.
Evans, Judge. Violating prohibition law. 152.) (Court of Appeals of Alabama. June 3,

BRICKEN, P. J. Appeal dismissed upon mo- 1924.) Appeal from Circuit Court, Jackson tion of appellant.

County; W. W. Haralson, Judge. Retailing.

FOSTER, J. Appeal dismissed. John W. TILLERY v. STATE. (6 Div. 548.) (Court of Appeals of Alabama. June 3, 1924.) Appeal from Circuit Court, Tuscaloosa County; Ed WILLIAMS v. CITY of BESSEMER. (6 Fleetwood Rice, Judgė. Possessing prohibited Div. 321.) (Court of Appeals of Alabama. liquor,

May 20, 1924.) Appeal from Circuit Court, SAMFORD, J. There is no bill of excep- Jefferson County, Bessemer Division; J. C. B. tions, and the record appears to be in all things Gwin, Judge. Violating prohibition ordinance. regular and without error. Let the judgment BRICKEN, P. J. Appeal dismissed on mobe affirmed. Affirmed.

tion of appellant.

[ocr errors]

John WERLINE v. STATE. (3 Div. 471.) Winston WILLIAMS V. STATE. (7 Div. (Court of Appeals of Alabama. June 10, 56.), (Court of Appeals of Alabama. June 10, 1924.) Appeal from Circuit Court, Lowndes 1924.) Appeal from Circuit Court, St. Clair County; Arthur E. Gamble, Judge. Man-County; Woodson J. Martin, Judge. Assault slaughter in first degree.

and battery. FOSTER, J. The transcript contains a bill FOSTER, J. The appeal is on the record of exceptions, but it appears therefrom that without bill of exceptions. There is no error no exceptions were reserved. There is no er in the record, and the judgment of the circuit ror in the record. The judgment of the circuit court is affirmed. Affirmed. court is affirmed. Affirmed.

[ocr errors]

Walker WILLIAMS V. STATE,
J. M. WHITE V. W. J. CAPPS.

(6 Div.
(4 Div.
909.)

486.)

June (Court of Appeals of Alabama. June

(Court of Appeals of Alabama. 12, 1924.) Appeal from Circuit Court, Henry | 17, 1924.) Appeal from Circuit Court, JefferCounty; H. A. Pearce, Judge.

son County, Bessemer Division; J. C. B. Gwin, PER CURIAM. Appeal dismissed for want

Judge. Violating prohibition law. of prosecution.

SAMFORD, J. Appeal dismissed.

Bill WHITE v. STATE. (8 Div. 165.)
(Court of Appeals of Alabama. June 3, 1924.) William YOUNG v. STATE. (4 Div. 929.)
Appeal from Circuit Court, Limestone County; (Court of Appeals of Alabama. June 17,
Osceola Kyle, Judge. Making whisky.

1924.) Appeal from Circuit Court, Crenshaw BRICKEN, P. J. Appeal dismissed on mo- County; Arthur E. Gamble, Judge. Bastardy. tion of Attorney General.

FOSTER, J. Appeal dismissed.

[ocr errors][ocr errors][merged small]
« 이전계속 »