(100 So.) was carefully considered by the section of the court then sitting on the original hearing and upon rehearing and has been duly considered by the other section, before whom the second appeal 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 and adhere thereto. The decree of the circuit court is affirmed. Affirmed. and Young Wall, both of Athens, for appellant. W. W. Callahan and A. J. Harris, both of Decatur, for appellee. PER CURIAM. Affirmed. S. W. MAY et al. v. B. W. HEAD. (4 Div. 97.) (Supreme Court of Alabama. June 12, 1924.) Appeal from Circuit Court. Crenshaw ANDERSON, C, J., and SAYRE, GARDNER, County; Arthur E. Gamble, Judge. and MILLER, JJ., concur. BIRMINGHAM LAND & MORTGAGE CO. V. STATE. (6 Div. 136.) (Supreme Court of Alabama. May 22, 1924.) Appeal from Circuit Court, Jefferson County; Joe C. Hail, Judge. Beddow & Oberdorfer and Z. T. Rudolph, all of Birmingham, for appellant. Harwell G. Davis, Atty. Gen., for the State. PER CURIAM. Appeal dismissed by appellant. Thomas J. BOOZER v. Benj. F. ELMORE. (2 Div. 840.) (Supreme Court of Alabama. May 15, 1924.) Appeal from Circuit Court, Marengo County; John McKinley, Judge. PER CURIAM. Affirmed on certificate. PER CURIAM. Appeal dismissed by appellant. CENTRAL OF GEORGIA RAILWAY CO. v. ALABAMA PACKING CO. (6 Div. 138.) (Supreme Court of Alabama. May 22, 1924.) Appeal from Circuit Court, Jefferson County; Roger Snyder, Judge. Nesbit & Sadler, of Birmingham, for appellant. Black, Harris & Foster and D. G. Ewing, all of Birmingham, for appellee. PER CURIAM. Appeal dismissed by appellant. Ex parte A. D. DORSEY. (7 Div. 483.) (Supreme Court of Alabama. May 15, 1924.) Certiorari to Court of Appeals. J. R. Beavers, of Birmingham, and Longshore, Koenig & Longshore, of Columbiana, for petitioner. Harwell G. Davis, Atty. Gen., opposed. PER CURIAM. Petition of A. D. Dorsey for certiorari to the Court of Appeals to review and revise the judgment and decision there rendered in the case of Dorsey v. State, 99 South. 830. Writ denied. Postal Co. v. Minderhout, 195 Ala. 420, 71 South. 91. FIRST NATIONAL BANK, Ex'r, v. P. D. BARKER. (1 Div. 306.) (Supreme Court of Alabama. May 22, 1924.) Appeal from Circuit Court, Mobile County; Saffold Berney, Judge. PER CURIAM. Affirmed on certificate. FIRST NATIONAL BANK OF ATHENS v. CITY NATIONAL BANK OF DECATUR. (8 Div. 600.) (Supreme Court of Alabama. May 20, 1924.) Appeal from Circuit Court, Limestone County; Osceola Kyle, Judge. Fred Wall AMERICAN STEEL & WIRE CO. v. A. WILHITE. (6 Div. 578.) (Court of Appeals of Alabama. May 20, 1924.) Circuit Court, Jefferson County, Bessemer Appeal from Division; J. C. B. Gwin, Judge. BRICKEN, P. J. Appeal dismissed by consent of parties. E. W. BEASON v. TOWN OF HEFLIN. (7 Div. 51.) (Court of Appeals of Alabama. June 10, 1924.) Appeal from Circuit Court, Cleburne County; S. W. Tate, Judge. E. W. Beason was convicted of violating an ordinance of the Town of Heflin, and appeals. Affirmed. Merrill & Jones, of Heflin, for appellee. BRICKEN, P. J. This appellant was convicted in the mayor's court of the town of Heflin for a violation of the prohibition ordinances of said town. The record shows that appellant interposed a plea of guilty as charged in the mayor's court, but, notwithstanding said plea, he took an appeal to the circuit court, and was there tried for the same offense upon complaint filed by the attorneys for the town of Heflin. The trial in the circuit court was before a jury. He was again convicted, from which judgment this appeal was taken. There are no assignments of error, and the cause is tion is granted, and the judgment appealed from here submitted upon motion to affirm. The mois affirmed. Affirmed. I. A. BLACK v. Wyatt POPE. (4 Div. 910.) (Court of Appeals of Alabama. June 12, 1924.) Appeal from Circuit Court, Henry County; H. A. Pearce, Judge. PER CURIAM. Appeal dismissed for want of prosecution. FOSTER, J. Appeal dismissed. 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 from Circuit 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.) (Court of Appeals of Alabama. June 3, 1924.) Appeal from Circuit Court, Lauderdale County; Chas. P. Almon, Judge. Possessing a still. FOSTER, J. Appeal dismissed. Carl HAYES v. STATE. (6 Div. 457.) (Court of Appeals of Alabama. May 20, 1924.) Appeal from Circuit Court, Jefferson County; Wm. E. Fort, Judge. BRICKEN, P. J. At the January term, 1923, the grand jury found and returned into open court an indictment against this appellant, charging in count 1 the larceny of one fivepassenger Ford automobile, of the value of $500, the personal property of Lucien Thompson. Count 2 charged that he did buy, receive, conceal, etc., said automobile, knowing that it was stolen, and not having the intent to restore it to the owner. He was convicted by the jury under count 2, and was sentenced by the court in conformity to law. He appeals to this court, and the appeal is upon the record only, there being no bill of exceptions. It is the duty of this court to consider all questions apparent in the record. This we have done, and, finding no errors, the judgment appealed from is affirmed. Affirmed. Austin HENLEY v. STATE. (4 Div. 978.) (Court of Appeals of Alabama. June 24, 1924.) Appeal from Circuit Court, Covington County; W. L. Parks, Judge. BRICKEN, P. J. The defendant was put to trial upon an indictment which charged him with the offense of assault with intent to murder one Riley A. Franklin. He was convicted 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, he was sentenced to hard labor for the county as required by law, and the court also sentenced him to two months' additional hard labor From the judgment of confor the county. viction he appealed to this court. There is no bill of exceptions, the appeal being upon the record proper. The record has been examined, and is without error. The proceedings appear therein to be regular in all respects. Let the judgment stand affirmed. Affirmed. M. V. HENRY, Treasurer, v. Paul RAGSDALE. (6 Div. 543.) (Court of Appeals of Alabama. May 13, 1924.) Appeal from Circuit Court, Jefferson County, Bessemer Division; J. C. B. Gwin, Judge. BRICKEN, P. J. Appeal dismissed upon (100 So.) Alonza HENRY v. STATE. (5 Div. 499.) Joe LAVENDER v. CITY OF TUSCALOO- J. J. HONEYCUTT v. CITY OF BIRMINGHAM. (6 Div. 455.) (Court of Appeals of Alabama. May 13, 1924.) Appeal from Circuit Court, Jefferson County; William E. Fort, Judge. Violating prohibition law. FOSTER, J. Affirmed on motion of appellee. Joseph N. HUGHES v. STATE. (8. Div. 167.) (Court of Appeals of Alabama. May 20, 1924.) Appeal from Circuit Court, Limestone County; Osceola Kyle, Judge. Keeping a gaming table. FOSTER, J. Affirmed. Ed IRELAND v. STATE. (6 Div. 493.) (Court of Appeals of Alabama. May 13, 1924.) Appeal from Circuit Court, Jefferson County; H. P. Heflin, Judge. Buxing, etc., stolen property. BRICKEN, P. J. Appeal dismissed upon motion of appellant. H. S. JACKSON, alias, etc., v. STATE. (4 Div. 957.) (Court of Appeals of Alabama. June 17, 1924.) Appeal from Circuit Court, Covington County; W. L. Parks, Judge. Violating prohibition law. 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 circuit court is affirmed. Affirmed. Mansfield JONES v. STATE. (6 Div. 458.) (Court of Appeals of Alabama. June 3, 1924.) Appeal from Circuit Court, Jefferson County; H. P. Heflin, Judge. Manslaughter in second degree. SAMFORD, J. There is no bill of exceptions, and, no error appearing on the record, the judgment is affirmed. Affirmed. Geo W. JONES v. STATE. (4 Div. 936.) (Court of Appeals of Alabama. June 17, 1924.) Appeal from Circuit Court, Coffee County; W. L. Parks, Judge. Violating prohibition law. FOSTER, J. Appeal dismissed. March KIRKLAND, alias, etc., v. STATE. (4 Div. 906.) (Court of Appeals of Alabama. June 24, 1924.) Appeal from Circuit Court, Houston County; H. A. Pearce, Judge. Assault and battery. SAMFORD, J. Appeal dismissed. FOSTER, J. Appeal dismissed. Jack MALLETTE, alias, etc., v. STATE. (61 Appeal from Circuit Court, Crenshaw County; Pat MALOY v. STATE. (5 Div. 454.) hibition law. Charlie RUSSELL v. STATE. (8 Div. 191.) (Court of Appeals of Alabama. June 10, (Court of Appeals of Alabama. June 24, 1924.) County; Osceola Kyle, Judge. Violating pro1924.) Appeal from Circuit Court, Madison Appeal from Circuit Court, Russell County; Lum Duke, Judge. Violating prohibition law. FOSTER, J. This cause was submitted on the record proper. The record discloses no error. The judgment of the lower court is affirmed. James R. PINKSTON, alias, etc., v. STATE. (3 Div. 476.) (Court of Appeals of Alabama. June 17, 1924.) Appeal from Circuit Court, Butler County; Arthur E. Gamble, Judge. BRICKEN, P. J. From a judgment of conviction for the offense of arson in the first degree, and a sentence of 10 years' imprisonment in the penitentiary, the defendant appeals. The appeal is upon the record proper, there being no bill of exceptions. We have examined the record, and find it regular in all things, and, as no error appears thereon, the judgment of the circuit court is affirmed. Affirmed. Mancil REEVES v. STATE. (4 Div. 930.) (Court of Appeals of Alabama. June 7, 1924.) tions, and, no errors appearing on the record, SAMFORD, J. There is no bill of excepthe judgment is affirmed. Affirmed. Fannie TATE v. STATE. (6 Div. 428.) (Court of Appeals of Alabama. June 3, 1924.) Appeal from Circuit Court, Jefferson County, Bessemer Division; J. C. B. Gwin, Judge. Murder in the second degree. Pinkney Scott, of Bessemer, for appellant. Harwell G. Davis, 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 quash the venire, which was overruled, but there is nothing in the record to indicate that 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. FOSTER, J. The transcript contains a bill of exceptions, but it appears therefrom that no exceptions were reserved. There is no error in the record. The judgment of the circuit court is affirmed. Affirmed. and battery. FOSTER, J. The appeal is on the record without bill of exceptions. There is no error in the record, and the judgment of the circuit court is affirmed. Affirmed. J. M. WHITE v. W. J. CAPPS. (4 Div. 909.) (Court of Appeals of Alabama. June 12, 1924.) Appeal from Circuit Court, Henry County; H. A. Pearce, Judge. PER CURIAM. Appeal dismissed for want of prosecution. (8 Div. 165.) Bill WHITE v. STATE. Walker WILLIAMS v. STATE. (6 Div. 486.) (Court of Appeals of Alabama. June 17, 1924.) Appeal from Circuit Court, Jefferson County, Bessemer Division; J. C. B. Gwin, Judge. Violating prohibition law. SAMFORD, J. Appeal dismissed. William YOUNG v. STATE. (4 Div. 929.) (Court of Appeals of Alabama. June 17, 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. END OF CASES IN VOL. 100 |