Frazier v. State

• Decision Date: 13 January 1914
• Citation: 9 Ala.App. 50,64 So. 162
• Parties: FRAZIER v. STATE.
• Court: Alabama Court of Appeals

64 So. 162

9 Ala.App. 50

FRAZIER v. STATE.

Court of Appeals of Alabama

January 13, 1914

Appeal from City Court of Montgomery; Armstead Brown, Judge.

Steve Frazier was convicted of having concealed stolen goods, and appeals. Affirmed.

Mark D. Brainard and Hill, Hill, Whiting & Stern, all of Montgomery, for appellant.

R.C. Brickell, Atty. Gen., and W.L. Martin, Asst. Atty. Gen., for the State.

PELHAM, J.

The record in this case shows that the defendant was indicted, tried, and found guilty by a jury of having concealed stolen goods, alleged in the indictment to be the property of the Seaboard Air Line Railroad Company.

It is urged by counsel for defendant in brief filed that the evidence set out in the bill of exceptions fails to show a larceny of the property, or ownership as alleged, and that on the ruling in the case of Perry v. State, 155 Ala. 93, 46 So. 470, it was error to permit the witness Adams, the yard-master of the railroad company, to testify that the goods checked "short" in the car. We do not see how we can review any of these questions here, as the bill of exceptions shows no objection to any testimony offered, and no exception to have been reserved to the court's ruling on the evidence or any other matter. If the general charge, or any other charge, was requested by the state or defendant, it is not shown by any part of the transcript. The proceedings shown by the record proper are regular and contain no error, and nothing is presented for review of this court in such a condition of the record and bill of exceptions as would require a reversal of the judgment of conviction.

Affirmed.