Ex parte Thorne

• Citation: 105 So. 711,213 Ala. 551
• Decision Date: 15 October 1925
• Docket Number: 6 Div. 512
• Parties: Ex parte THORNE. v. STATE. THORNE
• Court: Alabama Supreme Court

105 So. 711

213 Ala. 551

Ex parte THORNE.

THORNE v. STATE.

6 Div. 512

Supreme Court of Alabama

October 15, 1925

Certiorari to Court of Appeals.

Petition of Jack Thorne for certiorari to the Court of Appeals to review and revise the judgment and decision of that court in the case of Thorne v. State, 105 So. 709. Writ denied.

R.M. Montgomery, of Birmingham, for appellant.

Harwell G. Davis, Atty. Gen., for the State.

PER CURIAM.

We think the statement in the opinion of the Court of Appeals that refused charges requested in writing by defendant cannot be reviewed, where the bill of exceptions fails to disclose that it contains all the evidence, is too broad and needs some qualification. There may be refused charges which should properly be reviewed, though all the evidence does not appear, such as charges in no manner affected by that fact. Anniston Mfg. Co. v. Southern Ry. Co., 145 Ala. 351, 40 So. 965.

But the petition and brief in this cause do not point out that any refused charges in the instant case come within that class, and none of the charges are here discussed. Supreme Court rule 44, vol. 4, Code 1923. Under these circumstances we assume, in favor of the ruling of the Court of Appeals, that the refused charges are not reviewable for the reason pointed out by that court.

Let the writ be denied.

Writ denied.

ANDERSON, C.J., and SAYRE, GARDNER, and MILLER, JJ., concur.