Lee v. State
| Decision Date | 10 May 1938 |
| Docket Number | 2 Div. 636. |
| Citation | 28 Ala.App. 258,183 So. 908 |
| Parties | LEE v. STATE. |
| Court | Alabama Court of Appeals |
Rehearing Denied June 21, 1938.
Appeal from Circuit Court, Perry County; John Miller, Judge.
William Lee was convicted of burglary, and he appeals.
Affirmed.
Certiorari denied by Supreme Court in Lee v. State (2 Div. 127) 183 So. 909.
J. C. Locke, of Marion, for appellant.
A. A. Carmichael, Atty. Gen., and Chas. L. Rowe, Asst. Atty. Gen., for the State.
The indictment was in the form prescribed by the statute, and sufficiently describes the storehouse alleged to have been burglarized. Noles v. State, 24 Ala. 672.
The demurrer to the indictment was properly overruled.
The other questions presented for review are based upon the rulings of the court upon the evidence, and the court's refusal to give certain designated charges presented and requested by the defendant.
The bill of exceptions does not purport to contain all of the evidence, in the absence of which, this court will presume any state of facts necessary to sustain the court in its rulings in passing upon the sufficiency of the evidence. Franks v. State, 26 Ala.App. 430, 161 So. 549; Andrews v. State, 17 Ala.App. 456, 85 So. 840; Terry v. State, 17 Ala.App. 527, 86 So. 127; Patrick v. State, 18 Ala.App. 335, 92 So. 87; Johnson v. State, 19 Ala.App. 308, 97 So. 150; Horton v. State, 20 Ala.App. 55, 100 So. 620.
As was stated in the case of Horton v. State, 20 Ala.App. 55, 100 So. 620, This statement of the rule is sustained by ample citations of authority.
We find no error in the record, and the judgment is affirmed.
Affirmed.
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Lee v. State, 2 Div. 127.
...of William Lee for certiorari to the Court of Appeals to review and revise the judgment and decision of that Court in the case of Lee v. State, 183 So. 908. denied. ANDERSON, C.J., and GARDNER and BOULDIN, JJ., concur. ...