(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 servant to a reversal. The solicitor, during his arice appears regular, and nothing is shown to the contrary. There is no error in the record, and the judgment is affirmed. Affirmed. LIME COLA BOTTLING CO. v. LOUISVILLE & N. R. CO. (6 Div. 452.) (Court of Appeals of Alabama. Nov. 27, 1924.) Appeal from Circuit Court, Jefferson County; Dan A. Greene, Judge. PER CURIAM. Appeal dismissed for want of prosecution. 2 G. C. McCLENDON v. STATE. (6 Div. 603.) (Court of Appeals of Alabama. Dec. 16, 1924.) Appeal from Circuit Court, Jefferson County, H. P. Heflin, Judge. Desertion or nonsupport. FOSTER, J. The appeal is on the record, without bill of exceptions. The record is in all respects regular, and the judgment is affirmed. gument to the jury, said: "The defendant was Henry MACK v. STATE. (6 Div. 607.) 3 John McCOY v. CITY OF BIRMINGHAM. (6 Div. 568.) (Court of Appeals of Alabama. Jan. 13, 1925.) Appeal from Circuit Court, Jefferson County; Leon McCord, Judge. SAMFORD, J. This cause is pending in the court on the certificate of appeal only. Appellee makes his motion for an affirmance, but does not conform to the requirements of section 6111 of the Code of 1923. The motion to affirm must be denied, but the court ex mero motu dismisses the appeal for want of prosecution. Dismissed. 4 Annie Mae MCENTIRE v. STATE. (6 Div. 640.) (Court of Appeals of Alabama. Dec. 16, 1924.) Appeal from Circuit Court, Jefferson County, Bessemer Division; J. C. B. Gwin, Judge. First degree manslaughter. FOSTER, J. of appellant. Appeal dismissed on motion 5 Sam McGEE v. STATE. (6 Div. 549.) (Court of Appeals of Alabama. Jan. 13, 1925.) Appeal from Circuit Court, Tuscaloosa County; Fleetwood Rice, Judge. Sam McGee was convicted of manslaughter in the second degree, 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. SAMFORD, J. There are many questions 7 Ed MCLAUGHLIN v. STATE. (6 Div. 535.) (Court of Appeals of Alabama. Jan. 20, 1925.) Appeal from Circuit Court, Tuscaloosa County; Fleetwood Rice, Judge. BRICKEN, P. J. The prosecution against this appellant originated in the county court of Tuscaloosa county; the specific charge being a violation of the state prohibition laws. He was convicted in the county court, and appealed to the circuit court. In the circuit court he was tried by a jury, upon a complaint filed by the solicitor, charging the same offense. 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 for the consideration of this court. The record proper, upon which the appeal is predicated, is regular in all respects, and therefore free from error. Let the judgment of conviction in the circuit court be affirmed. Affirmed. 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- S. Lyman, Judge. Malicious injury to propsault with intent to murder. erty. RICE, J. Appeal dismissed. Robert MOBLEY v. STATE. (1 Div. 597.) (Court of Appeals of Alabama. Nov. 25, 1924.) Appeal from Circuit Court, Mobile County; Saffold Berney, Judge. BRICKEN, P. J. The indictment preferred against this appellant charged him with the offense of robbery. He was tried and convicted of robbery at the June term, 1924, of the Mobile circuit court, and the jury fixed his punishment at imprisonment in the penitentiary for 10 years. From the judgment of conviction he appealed, and the appeal is here presented upon the record proper, without a bill of exceptions. The record is regular in all respects, and, no error appearing thereon, the judgment of conviction appealed from will stand affirmed. Affirmed.. 2 Dee OWEN v. STATE. (7 Div. 14.) of Appeals of Alabama. Jan. 20, 1925.) peal from Circuit Court, Clay County; E. S. BRICKEN, P. J. Appeal dismissed. Warren MORRIS v. STATE. (6 Div. 562.) | Lyman, Judge. Manufacturing liquor. (Court of Appeals of Alabama. Dec. 16, 1924.) Appeal from Circuit Court, Jefferson County; Walter B. Jones, Judge. Trespass after warning. FOSTER, J. There is no bill of exceptions, and no error in the record. Affirmed. 3 Adolph MOTLEY v. STATE. (6 Div. 494.) (Court of Appeals of Alabama. Dec. 16, 1924.) Appeal from Circuit Court, Jefferson County; William E. Fort, Judge. Adolph Motley was convicted of manslaughter in the first degree, and he appeals. Affirmed. William H. Brantley, Jr., of Birmingham, for appellant. Harwell G. Davis, Atty. Gen., Jim Davis, Sol., and Willard Drake, Asst. Sol., both of Birmingham, for the State. FOSTER, J. The appeal is upon the record, 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. 36; Richey v. State, 16 Ala. App. 187, 76 So. 471; Franklin v. State, 16 Ala. App. 192, 76 So. 476. We find no error in the record. The judgment of conviction is affirmed. Affirmed. 4 Wiley J. NELSON v. STATE. (7 Div. 10.) (Court of Appeals of Alabama. Jan. 20, 1925.) Appeal from Circuit Court, Shelby County; E. S. Lyman, Judge. Carrying concealed weapon. SAMFORD, J. Appeal dismissed. 5 Wiley J. NELSON v. STATE. (7 Div. 11.) (Court of Appeals of Alabama. Jan. 20, 1925.) 9 Nick PAGOULATOS et al. v. Reams UNDERHILL, pro ami. (6 Div. 509.) (Court of Appeals of Alabama. Nov. 27, 1924.) Appeal from Circuit Court, Jefferson County; Roger Snyder, Judge. PER CURIAM. Appeal dismissed for want of prosecution. 10 Sam PALUMBO v. STATE. (7 Div. 61.) (Court of Appeals of Alabama. Jan. 20, 1925.) Appeal from Circuit Court, Etowah County; Woodson J. Martin, Judge. Keeping open store on Sunday. RICE, J. Appeal dismissed. T. S. PEAVY v. STATE of Alabama. (5 Div. 501.) (Court of Appeals of Alabama. Dec. 16, 1924. Rehearing Denied Jan. 13, 1925.) Appeal from Circuit Court, Chilton County; George F. Smoot, Judge. T. S. Peavy was convicted of possessing prohibited liquors, and he appeals. Affirmed. The prosecution in this case was begun in the county court of Chilton county, upon the following complaints: "Before me, J. L. Wilson, a justice of the peace of said county, personally appeared T. Littlejohn, who, being duly sworn, deposes and says that he has probable cause for believing, 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, vinous, or malt liquor, against the peace and dignity of the state of Alabama." From a judgment of conviction there entered, defend (102 So.) ant appealed to the circuit court, where defendant, being put to trial upon this complaint, demurred thereto upon these grounds: (1) That the complaint is vague and uncertain; (2) that it fails sufficiently to describe the offense charged or attempted to be charged against defendant; and (3) that it fails to charge with sufficient particularity the offense which defendant is called upon to defend. The trial court overruled the demurrer. Issue being joined, the jury returned a verdict of guilty, and there was judgment and sentence accordingly, from which defendant appeals. Thomas A. Curry, of Clanton, for appellant. Harwell G. Davis, Atty. Gen., for the State. FOSTER, J. The defendant was convicted of a violation of the prohibition laws. The complaint followed substantially the statute creating the offense, and was sufficient against the demurrer interposed. We find no error in the record. The judgment appealed from is affirmed. Affirmed. Carl PEAVY v. STATE. (5 Div. 505.) (Court of Appeals of Alabama. Nov. 25, 1924.) Appeal from Circuit Court, Chilton County; George F. Smoot, Judge. Carrying concealed pistol. BRICKEN, P. J. Appeal dismissed by appellant. 2 Frank POSEY v. CITY OF BIRMINGHAM. (6 Div. 569.) (Court of Appeals of Alabama. Dec. 16, 1924.) Appeal from Circuit Court, Jefferson County; Leon McCord, Judge. Vagrancy. FOSTER, J. Affirmed. 8 Walter SAXON v. J. M. GUEST HDWE, CO. (7 Div. 64.) (Court of Appeals of Alabama. Feb. 3, 1925.) Appeal from Circuit Court, Etowah County; O. A. Steele, Judge. E. O. McCord & Son, of Gadsden, for appellant. J. A. Stagner, of Attalla, for appellee. SAMFORD, J. The appeal in this case was taken on June 25, 1924. Transcript filed January 12, 1925. There are no assignments of error, and on January 15 appellee submits on motion to dismiss the appeal. There being no assignment of errors, the appeal is dismissed. Appeal dismissed. 3 Jas. L. POSTON v. John VARIN. (6 Div. 596.) (Court of Appeals of Alabama. Jan. 20, 1925.) Appeal from Circuit Court, Jefferson County; Romaine Boyd, Judge. RICE, J. Appeal dismissed by appellant. PURITAN BAKING CO. v. PEERLESS WIRE GOODS CO. (6 Div. 479.) (Court of Appeals of Alabama. Nov. 27, 1924.) Appeal from Circuit Court, Jefferson County; Joe C. Hail, Judge. PER CURIAM. Appeal dismissed for want of prosecution. 5 Arthur REEVES v. STATE. (1 Div. 602.) (Court of Appeals of Alabama. Nov. 25, 1924.) Appeal from Circuit Court, Mobile County; Saffold Berney, Judge. BRICKEN, P. J. From a conviction for the offense of distilling, making, or manufacturing alcoholic, spirituous, malted, or mixed liquors or beverages, a part of which was alcohol, defendant appealed. This transcript contains no bill of exceptions, and the record proper, upon which the appeal is based, is free from error 9 Charles SHOEMAKER v. STATE. (6 Div. 602.) (Court of Appeals of Alabama. Dec. 16, 1924.) Appeal from Circuit Court, Jefferson County; William E. Fort, Judge. Assault with intent to murder. SAMFORD, J. Affirmed. 10 Alford SHORT v. STATE. (6 Div. 580.) (Court of Appeals of Alabama. Dec. 16, 1924.) Appeal from Circuit Court, Jefferson County, Bessemer Division; J. C. B. Gwin, Judge. Violating prohibition law. SAMFORD, J. Affirmed. Alma SKAVIRA v. John W. BYRD. (6 Div. 625.) (Court of Appeals of Alabama. Dec. 16, 1924.) Appeal from Circuit Court, Jeffer son County; Wm. M. Walker, Judge. FOSTER, J. Appeal dismissed on motion of appellant. 12 Henry SLAUGHTER v. STATE. (6 Div. Dec. 515.) (Court of Appeals of Alabama. 16, 1924.) Appeal from Circuit Court, Walker County; Ernest Lacy, Judge. Distilling. BRICKEN, P. J. Appeal dismissed. Ben SOMMERVILLE v. STATE. (6 Div. 541.) (Court of Appeals of Alabama. Dec. 16, 1924.) Appeal from Circuit Court, Tuscaloosa County; Fleetwood Rice, Judge. Violating prohibition law. SAMFORD, J. Affirmed. 4 SOUTHEASTERN EXP. CO. v. W. J. HOWELL. (6 Div. 694.) (Court of Appeals of Alabama. Jan. 20, 1925.) Appeal from Circuit Court, Tuscaloosa County; Fleetwood Rice, Judge. 9 STATE v. Clarence CLARK. (6 Div. 650.) (Court of Appeals of Alabama. Dec. 23, County; William E. Fort, Judge. 1924.) Appeal from Circuit Court, Jefferson BRICKEN, P. J. The record shows that the appellee was confined in the county jail of Jefferson county, without bail, charged with murder; that he filed a petition for writ of habeas corpus before Hon. Wm. E. Fort, judge of the circuit court, Tenth judicial circuit, praying that he be allowed bail, etc. The writ was accordingly issued, and upon the hearing thereof the said judge made and entered an order allowing petitioner bail in the sum of $5,000, from which order the solicitor, on be BRICKEN, P. J. Appeal dismissed on mo- half of the state, took an appeal to this court. tion of appellant. 5 Jim SOUTHERLAND v. STATE. (6 Div. 579.) (Court of Appeals of Alabama. Jan. 20, 1925.) Appeal from Circuit Court, Jefferson County, Bessemer Division; J. C. B. Gwin, Judge. From the record before us, which appears to be regular in all respects, we find nothing which would justify this court in holding that there was error in the order from which this appeal is taken. The action of the judge of the Tenth judicial circuit in this connection is therefore affirmed in all things. Affirmed. 10 STATE v. W. W. CLARK. (6 Div. 651.) (Court of Appeals of Alabama. Dec. 16, 1924.) Appeal from Circuit Court, Jefferson County; William E. Fort, Judge. Habeas cor BRICKEN, P. J. From a conviction for the offense of violating the prohibition laws, this defendant appealed to this court. The appeal is predicated upon the record proper, and this has been examined and is found to be regular in all respects. No error being apparent on the record, and no other question being pre-pus, fixing bail. sented for our consideration, the judgment of conviction in the circuit court is affirmed. Affirmed. 6 Fred SPEED v. STATE. (6 Div. 604.) (Court of Appeals of Alabama. Jan. 20, 1925.) Appeal from Circuit Court, Jefferson County; William E. Fort, Judge. 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. presented for the consideration of this court. From a conviction for the offense of grand larceny the defendant appealed. He was sentenced to serve an indeterminate term of imprisonment in the penitentiary of not less than four years or more than ten years. This ap peal is upon the record proper, and, as no error appears thereon, the judgment of conviction in the circuit court must be affirmed. Af SAMFORD, J. Affirmed. Inez STOWERS v. CITY OF BIRMINGHAM. (6 Div. 567.) (Court of Appeals of Alabama. Jan. 13, 1925.) Appeal from Circuit Court, Jefferson County; Fleetwood Rice, Judge. BRICKEN, P. J. It appears from the record that this appellant was tried and convicted in the recorder's court of the city of Birming (102 So.) tion laws of that city. She appealed to the circuit court, and was there tried for the same offense and upon a complaint filed by the city attorney. She was again convicted, and judgment of conviction was accordingly pronounced and entered. From the judgment in the circuit court this appeal is taken, and the cause is here submitted upon motion to affirm the judgment appealed from. The appeal here is upon the record proper, there being no bill of exception. Nor is there assignment of error, and this the law requires in cases of this character. For these reasons the motion must be granted, and the judgment of the circuit court affirmed. Affirmed. Alabama. Nov. 27, 1924.) Appeal from Circuit Court, Tuscaloosa County; Fleetwood Rice, Judge. Violating prohibition ordinance. PER CURIAM. Appeal dismissed for want of prosecution. 7 Allen WARE v. STATE. (6 Div. 461.) Dec. 16, (Court of Appeals of Alabama. 1924.) Appeal from Circuit Court, Jefferson County; William E. Fort, Judge. Grand larceny. BRICKEN, P. J. Appeal dismissed on motion of Attorney General. Marion WALTON v. CITY OF TUSCALOOSA. (6 Div. 279.) (Court of Appeals of Alabama. Nov. 27, 1924.) Appeal from Circuit Court, Tuscaloosa County; Henry B. Foster, Judge. Violating prohibition ordi nance. 10 Ralph WOMACK v. CITY OF BIRMINGHAM. (6 Div. 500.) (Court of Appeals of Alabama. Jan. 20, 1925.) Appeal from Circuit Court, Jefferson County; Fleetwood Rice, Judge. Violating speed ordinance. SAMFORD, J. There are no assignments of error, and no briefs filed. Therefore no questions are properly presented for consideration, and the judgment is affirmed. Commercial Finance Co. v. Dyer, 16 Ala. App. 114 (1), 75 So. 706. Affirmed. Ollie WOOLEY v. STATE. (1 Div. 576.) (Court of Appeals of Alabama. Jan. 20, 1925.) Appeal from Circuit Court, Mobile County; Saffold Berney, Judge. BRICKEN, P. J. This defendant was convicted in the circuit court of Mobile county for the offense of violating the prohibition laws of the state. He appealed to this court, and the appeal is predicated upon the record proper. The points of decision here are identical with the case against this same appellant, decided by this court at present term. 102 So. 365. What has been said in that case is conclusive of this appeal, and upon that authority the Freddie WALTON v. CITY OF TUSCA-judgment appealed from in this cause is afLOOSA. (6 Div. 538.) (Court of Appeals of firmed. PER CURIAM. Appeal dismissed for want of prosecution. 6 Affirmed. END OF CASES IN VOL. 102 |