Norille v. State

Decision Date18 December 1901
Citation131 Ala. 35,31 So. 19
PartiesNORILLE v. STATE.
CourtAlabama Supreme Court

Appeal from criminal court, Jefferson county; Danl. A. Greene, Judge.

Pasqual Norille was convicted of a crime, and he appeals. Affirmed.

John W. Chamblee, for appellant.

Chas. G. Brown, Atty. Gen., for the State.

McCLELLAN, C.J.

This case was tried by the judge of the criminal court without a jury. It is sought by this appeal only to have his finding and conclusion of guilt on the testimony reviewed. The facts were not agreed upon, nor was there any special finding of them, nor request for such finding. On this state of case the conclusion of the judge stands as a verdict of a jury, and cannot be revised by this court. Bell v. State, 75 Ala. 25; Knowles v. State, 80 Ala. 9; Wright v. State (Ala.) 29 So. 864; Feibelman v. State (Ala.) 30 So. 384.

Affirmed.

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9 cases
  • Stephens v. State
    • United States
    • Alabama Court of Criminal Appeals
    • May 8, 1973
    ...weight of the evidence. Kelly v. State, 273 Ala. 240, 139 So.2d 326; Cooper v. State,33 Ala.App. 407, 34 So.2d 188. In Norille v. State (1901), 131 Ala. 35, 31 So. 19, the Supreme Court of Alabama held that where a criminal case is tried by a court without a jury and there is no agreed stat......
  • Watson v. Adams
    • United States
    • Alabama Supreme Court
    • January 22, 1914
    ... ... part of the recitals last quoted from the bill of exceptions ... In ... Smith v. State, 107 Ala. 144, 18 So. 308, it was ... said, and so in harmony with many earlier decisions: ... "Courts have been perplexed in laying down ... ...
  • Loyd v. Oates
    • United States
    • Alabama Supreme Court
    • February 9, 1905
    ...3321; Quillman v. Gurley, 85 Ala. 594, 5 So. 345; Western Union Telegraph Co. v. White & Co., 129 Ala. 188, 30 So. 279; Norille v. State, 131 Ala. 35, 31 So. 19. the plaintiff had offered in evidence a patent to the lands sued for, issued to Wiley Deese by the government of the United State......
  • Orforda v. State
    • United States
    • Alabama Court of Criminal Appeals
    • June 15, 1976
    ...weight of the evidence. Kell v. State, 273 Ala. 240, 139 So.2d 326; Cooper v. State, 33 Ala.App. 407, 34 So.2d 188. In Norille v. State (1901), 131 Ala. 35, 31 So. 19, the Supreme Court of Alabama held that where a criminal case is tried by a court without a jury and there is no agreed stat......
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