Peterman v. State
| Decision Date | 14 April 1904 |
| Parties | PETERMAN v. STATE. |
| Court | Alabama Supreme Court |
Appeal from Circuit Court, Henry County; John P. Hubbard, Judge.
Albert Peterman was convicted of carrying a concealed pistol, and he appeals. Affirmed.
The appellant in this case, Albert Peterman, was indicted, tried, and convicted for carrying a pistol concealed about his person. In the opinion on the present appeal the bill of exceptions cannot be looked to in order to review the rulings of the trial court, and therefore it is unnecessary to set out the facts of the case in detail.
Massey Wilson, Atty. Gen., for the State.
The bill of exceptions in this case was signed in vacation. So far as the record shows, there was no agreement in writing by counsel, nor order of the court in term time, pursuant to the requirements of the statute, which extended the time for the signing of the bill beyond the term of the court. The bill of exceptions contains a recital to the effect that an order was made by the court fixing a time in vacation, but no such order appears in the record proper. It has been decided by this court that such an order by the court must appear of record, and the omission cannot be supplied by a recital in the bill of exceptions. Dantzler v. Swift Creek Mill Co., 128 Ala. 410, 30 So. 674, and other cases following that one. The bill of exceptions, therefore, cannot be looked to or considered for any purpose.
No error appearing in the record, the judgment of the circuit court must be affirmed. Affirmed.
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Strickland v. State
... ... Ry. v. Carroll (Ala.) 41 So. 517; Dantzler v. Swift ... Creek Mill Co. 128 Ala. 410, 30 So. 674; Brown v ... State, 133 Ala. 152, 32 So. 256; Zion Lodge v ... Folkes, 132 Ala. 609, 32 So. 485; Thompson v ... Habil, 135 Ala. 249, 33 So. 658; Peterman v ... State, 139 Ala. 131, 36 So. 767 ... The ... case was set for trial and a special jury was regularly ... drawn, and the sheriff was ordered to serve a copy of the ... indictment and venire on the defendant. The ... [43 So. 189.] ... transcript is silent as to whether these ... ...
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Wilson v. Mason
... ... bill of exceptions which is no part of the record in the ... trial court. Peterman v. State, 139 Ala. 131, 36 So ... 767; Samuel v. N. C. & St. L. Ry., 135 Ala. 501, 33 ... So. 28; Lindsey v. Kenan, 133 Ala. 532, 32 So. 123; ... ...
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Mitchell v. State
... ... Central of Ga. Ry. v. Carroll ... (Ala.) 41 So. 517; Dantzler v. Swift Creek Mill ... Co., 128 Ala. 410, 30 So. 674; Brown v. State, ... 133 Ala. 152, 32 So. 256; Zion Lodge v. Folkes, 132 ... Ala. 609, 32 So. 485; Thompson v. Habil, 135 Ala ... 249, 33 So. 658; Peterman v. State, 139 Ala. 131, 36 ... There ... being no error apparent on the record, the judgment of the ... court is affirmed ... WEAKLEY, ... C.J., and TYSON and ANDERSON, JJ., ... ...
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E. C. Porter & Co. v. Loeb
... ... be supplied by a recital in the bill of exceptions. It is ... nothing more than a statement by the judge. Peterman v ... State, 139 Ala. 131, 36 So. 767; Zion Fountain Lodge ... v. Folkes, 132 Ala. 609, 32 So. 485; Samuel v. N. C ... & St. L. Ry., 135 Ala ... ...