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(102 So.) SAMFORD, J. There is no bill of exceptions not arise on another trial, and the other quesin this record. There is a motion to quash the tions have so many times been passed on by venire, on the ground that a correct list of this court and the Supreme Court that a disthe jurors drawn and summoned to try the cussion of them would be but a reiteration of case had not been served on defendant, but principles many times decided. There is one there is nothing in the record to support this question presented which entitles the defendmotion. The return of the sheriff as to sery- ant to a reversal. The solicitor, during his arice appears regular, and nothing is shown to gument to the jury, said: “The defendant was the contrary. There is no error in the record, down there that day with a belly full of liquor and the judgment is affirmed. Affirmed. and a gun, and did just what a man with a

belly full of liquor and a gun would do.” There was no evidence in the record to bear

out this statement. On the contrary, the tesLIME COLA BOTTLING CO. V. LOUIS- this fact was made, was: “If he was [drunk),

timony of the witness, of whom inquiry as to VILLE & N. R. CO. (6 Div. 452.) (Court

I couldn't tell it; never smelled it; could not of Appeals of Alabama. Nov. 27, 1924.) Ap- detect it in his conversation.” Certainly it peal from Circuit Court, Jefferson County;

was error for the solicitor to go outside the Dan A. Greene, Judge.

record to make a statement of a fact not tesPER CURIAM. Appeal dismissed for want tified to by any witness. This case is reof prosecution.

versed, on authority of Naro v. State, 209 Ala.

614, 96 So. 761. Reversed and remanded. 2 G. C. McCLENDON v. STATE. (6 Div. 603.) (Court of Appeals of Alabama. Dec. 16, 1924.) Appeal from Circuit Court, Jeffer

Henry MACK V. STATE. (6 Div. 607.) son County, H. P. Heflin, Judge. Desertion or (Court of Appeals of Alabama. Dec. 16, 1924.) nonsupport.

Appeal from Circuit Court, Walker County;
FOSTER, J. The appeal is on the record, Ernest Lacy, Judge. Grand larceny.
without bill of exceptions. The record is in

FOSTER, J. Appeal dismissed.
all respects regular, and the judgment is af-
firmed.

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7
3

Ed MCLAUGHLIN v. STATE. (6 Div. 535.)
John McCOY v. CITY OF BIRMINGHAM. (Court of Appeals of Alabama. Jan, 20,
(6 Div. 568.) (Court of Appeals of Alabama. 1925.) Appeal from Circuit Court, Tuscaloosa
Jan. 13, 1925.) Appeal from Circuit Court, County: Fleetwood Rice, Judge.
Jefferson County; Leon McCord, Judge.

BRICKEN, P. J. The prosecution against SAMFORD, J. This cause is pending in the this appellant originated in the county court court on the certificate of appeal only. Ap- of Tuscaloosa county; the specific charge bepellee makes his motion for an affirmance, but ing a violation of the state prohibition laws. does not conform to the requirements of sec- He was convicted in the county court, and aption 6111 of the Code of 1923. The motion pealed to the circuit court. In the circuit to affirm must be denied, but the court ex court he was tried by a jury, upon a complaint mero motu dismisses the appeal for want of filed by the solicitor, charging the same offense. prosecution. Dismissed.

The jury returned a verdict of guilty, and judgment following the verdict was duly pronounced, from which judgment this appeal was

taken. No points of decision are presented 4

for the consideration of this court. The recAnnie Mae McENTIRE v. STATE. (6 Div. ord proper, upon which the appeal is predicat640.) (Court of Appeals of Alabama. Dec. ed, is regular in all respects, and therefore 16, 1924.)

Appeal from Cir uit Court, Jef- free from error. Let the judgment of convicferson County, Bessemer Division; J. C. B. tion in the circuit court be affirmed. Affirmed. Gwin, Judge. First degree manslaughter.

FOSTER, J. Appeal dismissed on motion of appellant.

8

George MALOY V. STATE. (4 Div. 21.) 5

(Court of Appeals of Alabama. Jan. 13,

1925.) Appeal from Circuit Court, Covington
Sam McGEE V. STATE. (6 Div. 549.)
(Court of Appeals of Alabama. Jan. 13, 1925. County; W. L. Parks, Judge. Violating pro-

hibition law.
Appeal from Circuit Court, Tuscaloosa County;
Fleetwood Rice, Judge. Sam McGee was con-

PER CURIAM. Appeal dismissed upon movicted of manslaughter in the second degree,

tion of appellant,
and he appeals. Reversed and remanded. Wil.
liam J. Foster and Livingston, Smith & Living-
ston, all of Tuscaloosa, for appellant. Harweil
· G. Davis, Atty. Gen., for the State.

9
SAMFORD, J. There are many questions Donald MATHIEW v. STATE. (3 Div.
presented by this record, which will probably 498.) (Court of Appeals of Alabama. Jan.

20, 1925.) Appeal from Circuit Court, Mont-Appeal from Circuit Court, Shelby County; E. gomery County; Leon McCord, Judge. As-. Lyman, Judge. Malicious injury to propsault with intent to murder.

erty. SAMFORD, J. Appeal dismissed.

RICE, J. Appeal dismissed.

6 Robert MOBLEY v. STATE. (1 Div. 597.) NOLEN MOTOR CO. V. Ruth S. STEED. (Court of Appeals of Alabama. Nov. 25, (7 Div. 13.) (Court of Appeals of Alabama. 1924.) Appeal from Circuit Court, Mobile Jan. 20, 1925.) Appeal from Circuit Court, County; Saffold Berney, Judge.

Clay County; E. S. Lyman, Judge. BRICKEN, P. J. The indictment preferred RICE, J. Appeal dismissed. against this appellant charged him with the offense of robbery. He was tried and convicted of robbery at the June term, 1924, of

7 the Mobile circuit court, and the jury fixed his punishment at imprisonment in the peni: (Court of Appeals of Alabama. Jan. 13, 1925.)

John O'KELLY V. STATE. (7 Div. 45.) tentiary for 10 years. conviction he appealed, and the appeal is here Appeal from Circuit Court, Etowah County:

Woodson J. Martin, Judge. Carnal knowledge. presented upon the record proper, without a bill of exceptions. The record is regular in

SAMFORD, J. Appeal dismissed by appel

lant. all respects, and, no error appearing thereon, the judgment of conviction appealed from will stand affirmed. Affirmed..

8 Dee OWEN v. STATE. (7 Div. 14.) (Court

of Appeals of Alabama. Jan, 20, 1925.) Ap2

peal from Circuit Court, Clay County; E. S. Warren MORRIS v. STATE. (6 Div. 562.) | Lyman, Judge. Manufacturing liquor. (Court of Appeals of Alabama. Dec. 16, 1924.) BRICKEN, P. J. Appeal dismissed. Appeal from Circuit Court, Jefferson County; Walter B. Jones, Judge. Trespass after warning. FOSTER, J. There is no bill of exceptions,

Nick PAGOULATOS et al. v. Reams UN. and no error in the record. Affirmed.

DERHILL, pro ami. (6 Div. 509.) (Court of
Appeals of Alabama. Nov. 27, 1924.) Appeal

from Circuit Court, Jefferson County; Roger 3

Snyder, Judge. Adolph MOTLEY v. STATE. (6 Div. 494.) PER CURIAM. Appeal dismissed for want (Court of Appeals of Alabama. Dec. 16, 1924.) of prosecution. Appeal from Circuit Court, Jefferson County; William E. Fort, Judge. “Adolph Motley was convicted of manslaughter in the first degree,

10 and he appeals. Affirmed. William H. Brant Sam PALUMBO v. STATE. (7 Div. 61.) ley, Jr., of Birmingham, for appellant. Har- (Court of Appeals of Alabama. Jan. 20, 1925.) well G. Davis, Atty. Gen., Jim Davis, Sol., and Appeal from Circuit Court, Etowah County; Willard Drake, Asst. Sol., both of Birming-Woodson J. Martin, Judge. Keeping open store ham, for the State.

on Sunday. FOSTER, J. The appeal is upon the record, RICE, J. Appeal dismissed. without bill of exceptions. In the absence of a bill of exceptions, the requested written charges refused to the defendant cannot be reviewed. Mack v. State, 201 Ala. 269, 77 So. 683; Paitry V. State, 196 Ala. 598, 72 So. T. S. PEAVY V. STATE of Alabama. 36; Richey v. State, 16 Ala. App. 187, 76 So. Div. 501.) (Court of Appeals of Alabama. 471; Franklin v. State, 16 Ala. App. 192, 76 Dec. 16, 1924. Rehearing Denied Jan. 13, So. 476. We find no error in the record. The 1925.) Appeal from Circuit Court, Chilton judgment of conviction is affirmed. Affirmed. County; George F. Smoot, Judge. T. S. Peavy

was convicted of possessing prohibited lig. uors, and he appeals. Affirmed. The prosecu

tion in this case was begun in the county court 4

of Chilton county, upon the following comWiley J. NELSON v. STATE. (7 Div. 10.) plaints: "Before me, J. L. Wilson, a justice of (Court of Appeals of Alabama. Jan. 20, 1925.) | the peace of said county, personally appeared Appeal from Circuit Court, Shelby County; E. T. Littlejohn, who, being duly sworn, deposes s. Lyman, Judge. Carrying concealed weapon. and says that he has probable cause for beSAMFORD, J. Appeal dismissed.

lieving, and does believe, that within 12 months before making this affidavit, and in said county, that T. S. Peavey did possess or have in his

possession or otherwise dispose of spirituous, 5

vinous, or malt liquor, against the peace and Wiley J. NELSON v. STATE. (7 Div. 11.) | dignity of the state of Alabama." From a (Court of Appeals of Alabama. Jan. 20, 1925.) judgment of conviction there entered, defend

(102 So.) ant appealed to the circuit court, where de- or irregularity. The judgment of conviction fendant, being put to trial upon this complaint, appealed from will be affirmed. Affirmed. demurred thereto upon these grounds: (1) That the complaint is vague and uncertain; (2) that it fails sufficiently to describe the offense

6 charged or attempted to be charged against de

Andrew ROBINSON 0. STATE. fendant; and (3) that it fails to charge with

(5 Div. sufficient particularity the offense which de

511.)

Nov.

(Court of Appeals of Alabama. fendant is called upon to defend.

The trial 25, 1924.)

Appeal from Circuit Court, Elcourt overruled the demurrer. Issue being

more County; George F. Smoot, Judge. Viojoined, the jury returned a verdict of guilty,

lating prohibition law. and there was judgment and sentence accord SAMFORD, J. Appeal dismissed by appelingly, from which defendant appeals. Thomas lant. A. Curry, of Clanton, for appellant. Harwell G. Davis, Atty. Gen., for the State.

7 FOSTER, J. The defendant was convicted

Roy ROBINSON v. STATE. (6 Div. 634.) of a violation of the prohibition laws. The

(Court of Appeals of Alabama. Dec. 16, 1924.) complaint followed substantially the statute Appeal from Circuit Court, Marion County: creating the offense, and was sufficient against R. L. Blanton, Judge. Carnal knowledge of a the demurrer interposed. We find no error

girl under 16 years,
in the record. The judgment appealed from is
affirmed. Affirmed.

BRICKEN, P, J. Appeal dismissed on motion of appellant.

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8 Carl PEAVY V. STATE. (5 Div. 505.) Walter SAXON V. J. M. GUEST HDWE. (Court of Appeals of Alabama. Nov. 25, 1924.) | Co. (7 Div. 64.) (Court of Appeals of AlaAppeal from Circuit Court, Chilton County; bama. Feb. 3, 1925.) Appeal from Circuit George F. Smoot, Judge. Carrying concealed Court, Etowah County; O. A. Steele, Judge. pistol.

E. O. McCord & Son, of Gadsden, for appel

ellee. BRICKEN, P. J. Appeal dismissed by ap- lant. J. A. Stagner, of Attalla, for pellant.

SAMFORD, J. The appeal in this case was taken on June 25, 1924. Transcript filed Jan

uary 12, 1925. There are no assignments of 2

error, and on January 15 appellee submits on Frank POSEY v. CITY OF BIRMINGHAM. motion to dismiss the appeal. There being no (6 Div. 569.) (Court of Appeals of Alabama. assignment of errors, the appeal is dismissed. Dec. 16, 1924.) Appeal from Circuit Court, Appeal dismissed. Jefferson County; Leon McCord, Judge. Vagrancy.

9 FOSTER, J. Affirmed.

Charles SHOEMAKER V. STATE. (6 Div. 602.) (Court of Appeals of Alabama. Dec.

16, 1924.) Appeal from Circuit Court, Jeffer3

son County; William E. Fort, Judge. Assault
Jas. L. POSTON V. John VARIN. (6 Div. with intent to murder.
596.)
(Court of Appeals of Alabama. Jan,

SAMFORD, J, Affirmed.
20, 1925.) Appeal from Circuit Court, Jeffer-
son County; Romaine Boyd, Judge.
RICE, J. Appeal dismissed by appellant.

10
Alford SHORT V. STATE. (6 Div. 580.)

(Court of Appeals of Alabama. Dec. 16, 1924.) 4

Appeal from Circuit Court, Jefferson County,
PURITAN BAKING CO. 5. PEERLESS Bessemer Division; J. C. B. Gwin, Judge. Vio-
WIRE GOODS Co. (6 Div. 479.) (Court of lating prohibition law.
Appeals of Alabama. Nov. 27, 1924.) Appeal SAMFORD, J. Affirmed.
from Circuit Court, Jefferson County; Joe C.
Hail, Judge.

PER CURIAM. Appeal dismissed for want
of prosecution.

Alma SKAVIRA v. John W. BYRD. (6 Div.

625.) (Court of Appeals of Alabama. Dec. 5

16, 1924.) Appeal from Circuit Court, Jeffer.
Arthur REEVES v. STATE. (1 Div. 602.) 'son County; Wm. M. Walker, Judge.
(Court of Appeals of Alabama. Nov. 25, 1924.) FOSTER, J. Appeal dismissed on motion of
Appeal from Circuit Court, Mobile County; appellant.
Saffold Berney, Judge.
BRICKEN, P. J. From a conviction for the

12
offense of distilling, making, or manufacturing
alcoholic, spirituous, malted, or mixed liquors

Henry SLAUGHTER V. STATE. (6 Div.
or beverages, a part of which was alcohol, de- 515.) (Court of Appeals of Alabama. Dec.
fendant appealed. This transcript contains no 16, 1924.) Appeal from Circuit Court, Walker
bill of exceptions, and the record proper, upon County; Ernest Lacy, Judge. Distilling.
which the appeal is based, is free from error BRICKEN, P. J. Appeal dismissed.

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7 Jas. W. SMITH v. H. O. DEESE. (7 Div. John STANFORD v. STATE. (6 Div. 680.) 107.) (Court of Appeals of Alabama. Jan. (Court of Appeals of Alabama. Jan. 20, 20, 1925.) Appeal from Circuit Court, Cle- 1925.) Appeal from Circuit Court, Jefferson burne County; S. W. Tate, Judge.

County, Bessemer Division; J. C. B. Gwin, RICE, J. Affirmed.

Judge. Violating prohibition law.

RICE, J. Appeal dismissed by appellant.

2 C. M. SMITH v. Mack LOVETT. . (6 Div.

8 502.) (Court of Appeals of Alabama. Nov. Thad STANTON V. STATE. (8 Div. 247.) 27, 1924.) Appeal from Circuit Court, Wins- (Court of Appeals of Alabama. Feb. 3, 1925.) ton County; R. L. Blanton, Judge.

Appeal from Circuit Court, Colbert County; PER CURIAM. Appeal dismissed for want Charles P. Almon, Judge. Living in adultery. of prosecution.

RICE, J. Affirmed.

3

9 Ben SOMMERVILLE V. STATE. (6 Div.

STATE v. Clarence CLARK. (6 Div. 650.) 541.) (Court of Appeals of Alabama. Dec.

(Court of Appeals of Alabama. Dec. 23, 16, 1924.) Appeal from Circuit Court, Tus- 1924.) Appeal from Circuit Court, Jefferson caloosa County; Fleetwood Rice, Judge. Vio- County; William E. Fort, Judge. lating prohibition law.

BRICKEN, P. J. The record shows that SAMFORD, Affirmed.

the appellee was confined in the county jail of Jefferson county, without bail, charged with

murder; that he filed a petition for writ of 4

habeas corpus before Hon. Wm. E. Fort, judge SOUTHEASTERN EXP. CO. V. W. J. of the circuit court, Tenth judicial circuit, HOWELL. (6 Div. 694.) (Court of Appeals praying that he be allowed bail, etc. The writ of Alabama. Jan. 20, 1925.)

Appeal from was accordingly issued, and upon the bearing Circuit Court, Tuscaloosa County; Fleetwood thereof the said judge made and entered an Rice, Judge.

order allowing petitioner bail in the sum of BRICKEN, P. J. Appeal dismissed on mo- half of the state, took an appeal to this court.

$5,000, from which order the solicitor, on betion of appellant.

From the record before us, which appears to

be regular in all respects, we find nothing 5

which would justify this court in holding that Jim SOUTHERLAND V. STATE. (6 Div. there was error in the order from which this 579.) (Court of Appeals of Alabama. Jan. appeal is taken.

The action of the judge of 20, 1925.) Appeal from Circuit Court, Jef- the Tenth judicial circuit in this connection ferson County, Bessemer Division; J. C. B. is therefore affirmed in all things. Affirmed. Gwin, Judge. BRICKEN, P. J. From a conviction for the

10 offense of violating the prohibition laws, this defendant appealed to this court. The appeal

STATE v. W. W. CLARK. (6 Div. 651.) is predicated upon the record proper, and this (Court of Appeals of Alabama. Dec. 16, has been examined and is found to be regular 1924.) Appeal from Circuit Court, Jefferson in all respects. No error being apparent on

County; William E. Fort, Judge. Habeas corthe record, and no other question being pre- pus, fixing bail. sented for our consideration, the judgment of SAMFORD, J. Affirmed. conviction in the circuit court is affirmed. Affirmed.

11

Marvin STONAKER v. STATE. (5 Dir. 6

512.) (Court of Appeals of Alabama. Nov. Fred SPEED V. STATE. (6 Div. 604.) 25, 1924.) Appeal from Circuit Court, Elmore (Court of Appeals of Alabama. Jan. 20, County; George F. Smoot, Judge. Assault to 1925.) Appeal from Circuit Court, Jefferson murder. County; William E. Fort, Judge.

FOSTER, J. Appeal dismissed. BRICKEN, P. J. In the absence of a bill of exceptions, the ruling of the court, denying defendant in the court below a new trial, is not

12 presented for the consideration of this court. From a conviction for the offense of grand

Inez STOWERS V. CITY OF BIRMINGlarceny the defendant appealed. He was sen

HAM. (6 Div. 567.) (Court of Appeals of tenced to serve an indeterminate term of im- Alabama. Jan. 13, 1925.) Appeal from Cirprisonment in the penitentiary of not less than cuit Court, Jefferson County; Fleetwood Rice, four years or more than ten years. This ap

Judge. peal is upon the record proper, and, as no er BRICKEN, P. J. It appears from the recror appears thereon, the judgment of convic-ord that this appellant was tried and convicted tion in the circuit court must be affirmed. Af- in the recorder's court of the city of Birming. firmed.

ham for the offense of violating the prohibi

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(102 So.)
tion laws of that city. She appealed to the Alabama. Nov. 27, 1924.) Appeal from Cir-
circuit court, and was there tried for the same cuit Court, Tuscaloosa County; Fleetwood
offense and upon a complaint filed by the city Rice, Judge. Violating prohibition ordinance.
attorney. She was again convicted, and judg PER CURIAM. Appeal dismissed for want
ment of conviction was accordingly pronounced of prosecution.
and entered. From the judgment in the cir-
cuit court this appeal is taken, and the cause
is here submitted upon motion to affirm the

7
judgment appealed from. The appeal here is Allen WARE V. STATE. (6 Div. 461.)
upon the record proper, there being no bill of (Court of Appeals of Alabama. Dec. 16,
exception. Nor is there assignment of error, 1924.) Appeal from Circuit Court, Jefferson
and this the law requires in cases of this char-County; William E. Fort, Judge. Grand lar-
acter. For these reasons the motion must be ceny.
granted, and the judgment of the circuit court

BRICKEN, P. J. Appeal dismissed on mo-
affirmed. Affirmed.

tion of Attorney General.

1

8
Helen STRAUDER V. CITY OF TUSCA-

Bob WHATLEY V. STATE. (4 Div. 41.)
LOOSA. (6 Div. 539.) (Court of Appeals of (Court of Appeals of Alabama. Feb. 3, 1925.)
Alabama. Nov. 27, 1924.) Appeal from Cir: Appeal from Circuit Court, Russell County;
cuit Court, Tuscaloosa County; Fleetwood

J. S. Williams, Judge. Violating probibition
Rice, Judge. Violating prohibition ordinance.

law.
PER CURIAM. Appeal dismissed for want

RICE, J. Appeal dismissed. of prosecution.

2

9
Robert E. TIPTON, alias, etc., V. STATE. Johnny WILSON v. STATE. (6 Div. 565.)
(8 Div. 175.) (Court of Appeals of Alabama. (Court of Appeals of Alabama. Dec. 16,
Feb. 3, 1925.) Appeal from Circuit Court, 1924.) Appeal from Circuit Court, Jefferson
Marshall County; W. W. Haralson, Judge. County; William E. Fort, Judge. Second de-
Desertion of wife.

gree murder.
BRICKEN, P. J. Appeal dismissed.

FOSTER, J. Appeal dismissed on motion of
Attorney General,

3

10
Namon TRAVIS v. CITY OF TUSCA-
LOOSA. (6 Div. 417.) (Court of Appeals of Ralph WOMACK V. CITY OF BIRMING-
Alabama. Nov. 27, 1924.) Appeal from Cir- | HAM. (6 Div. 500.) (Court of Appeals of
cuit Court, Tuscaloosa County; Fleetwood Alabama. Jan. 20, 1925.) Appeal from Cir-
Rice, Judge. Carrying concealed weapon. cuit Court, Jefferson County; Fleetwood Rice,

PER CURIAM. Appeal dismissed for want Judge. Violating speed ordinance.
of prosecution.

SAMFORD, J. There are no assignments
of error, and no briefs filed. Therefore no

questions are properly presented for consid4

eration, and the judgment is affirmed. ComRichard A. VEAL v. Samuel A. CONN. (8 mercial Finance Co. v. Dyer, 16 Ala. App. 114 Div. 156.)

(Court of Appeals of Alabama. (1), 75 So. 706. Affirmed.
Jan. 22, 1925.)

Appeal from Circuit Court,
Marshall County; W. W. Haralson, Judge.

PER CURIAM, Appeal dismissed for want
of prosecution.

Ollie WOOLEY V. STATE. (1 Div. 576.)

(Court of Appeals of Alabama. Jan. 20,
5

1925.) Appeal from Circuit Court, Mobile
Marion WALTON V. CITY OF TUSCA- County; Saffold Berney, Judge.
LOOSA. (6 Div. 279.) (Court of Appeals of BRICKEN, P. J. This defendant was con-
Alabama. Nov. 27, 1924.) Appeal from Cir-victed in the circuit court of Mobile county for
cuit Court, Tuscaloosa County; Henry B. the offense of violating the prohibition laws of
Foster, Judge. Violating prohibition ordi- | the state. He appealed to this court, and the

appeal is predicated upon the record proper.
PER CURIAM. Appeal dismissed for want The points of decision here are identical with
of prosecution.

the case against this same appellant, decided
by this court at present term. 102 So. 365.

Vhat has been said in that case is conclusive
6

of this appeal, and upon that authority the Freddie WALTON V. CITY OF TUSCA-judgment appealed from in this cause is afLOOSA. 16 Div. 538.)

(Court of Appeals of 1 firmed, Affirmed.

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nance.

END OF CASES IN VOL. 102

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