Graham v. State
| Decision Date | 20 May 1941 |
| Docket Number | 1 Div. 387. |
| Citation | 30 Ala.App. 179,2 So.2d 463 |
| Parties | GRAHAM v. STATE. |
| Court | Alabama Court of Appeals |
W. C. Taylor, of Mobile, for appellant.
Thos S. Lawson, Atty. Gen., for the State.
At the April Term, 1940, of the Mobile Circuit Court, the grand jury found, and returned into open court, an indictment against this appellant, defendant below, which charged him with the offense of an assault with intent to ravish the woman named in the indictment. Said indictment was duly filed in said court, on the 19th day of April, 1940.
The record discloses that the case was tried on June 20, 1940 and resulted in the conviction of the defendant; the jury returned the following verdict, viz: "We the jury, find the defendant guilty of assault with intent to ravish as charged in the indictment, and further recommend the mercy of the court." Thereupon, on the same date, the court duly adjudged the defendant guilty, and sentenced him to a term of imprisonment in the penitentiary for three years. Judgment of conviction was pronounced and entered, from which this appeal was taken. The certificate of appeal was filed in this court on June 24, 1940, and the cause was continued by this court on November 14, 1940. The record was here filed on January 4 1941, and the cause submitted in this court on April 10 1941. This submission is upon the record proper, there being no bill of exceptions.
Present counsel for appellant, who it appears did not represent the defendant upon his trial in the lower court, has filed in this court (upon submission) an extended motion, seeking thereby a review here of the action of the trial court in overruling and denying defendant's motion for a new trial, and in this connection makes the insistence that on account of the failure of the clerk to include in the transcript, or record, defendant's motion for a new trial, the charges of the court, and other orders and minutes of the court, as required by Section 6106, Code of Alabama 1923, Code 1940, Tit. 7, § 767, upon which appellant was relying to support his appeal, that this court shall consider all these matters upon the sworn motion of defendant, which is supported by numerous affidavits. This, of course, we are without authority to do. These matters are dehors the record, and by the record, as here filed, this court is bound. Moreover, it was the appellant's duty to see that the statutes, supra, are complied with, and his appeal perfected in accord with rules of the court. Powell v. State, 5 Ala.App. 150, 59 So. 328; Lampley v. State, 6 Ala.App. 23, 60 So. 415; Weldon v. State, 21 Ala.App. 357, 108 So. 270, on rehearing. In the Lampley case, supra, this court said [6 Ala. App. 23, 60 So. 416]: "Parties to appeals, even in criminal cases, are expected to see to it-in fact, are required to see to it-that their appeals are perfected with reasonable dispatch."
It...
To continue reading
Request your trial
-
Blackford v. Hall Motor Exp., Inc.
...of processing the appeal must be borne by her. Jefferson Iron & Metal Co. v. Bethune, 263 Ala. 131, 81 So.2d 674; Graham v. State, 30 Ala.App. 179, 2 So.2d 463; Stanton v. Monroe County, 261 Ala. 61, 72 So.2d 854; Hayes v. State, 39 Ala.App. 202, 99 So.2d 703, certiorari denied 267 Ala. 695......
-
Conner v. State
...to the requirements of statutes and rules of court. Jefferson Iron & Metal Co. v. Bethune, 263 Ala. 131, 81 So.2d 674; Graham v. State, 30 Ala.App. 179, 2 So.2d 463; Dorough v. State, 30 Ala.App. 181, 2 So.2d "In Seals v. State, 282 Ala. 586, 213 So.2d 645, we said: " 'We do not recede from......
-
Carden v. State
...to the requirements of statutes and rules of court. Jefferson Iron & Metal Co. v. Bethune, 263 Ala. 131, 81 So.2d 674; Graham v. State, 30 Ala.App. 179, 2 So.2d 463; Dorough v. State, 30 Ala.App. 181, 2 So.2d "In Seals v. State, 282 Ala. 586, 213 So.2d 645, we said: " 'We do not recede from......
-
Strickland v. State
...is the duty of the appellant [in this case Strickland] to see that his appeal is perfected in accord with the law. In Graham v. State, 30 Ala.App. 179, 2 So.2d 463 (1941), the clerk failed to include in the transcript the defendant's motion for a new trial, the charges of the court and othe......