Preston v. State, 5 Div. 211

• Decision Date: 12 December 1935
• Docket Number: 5 Div. 211
• Citation: 164 So. 571,231 Ala. 285
• Court: Alabama Supreme Court
• Parties: PRESTON v. STATE.

164 So. 571

231 Ala. 285

PRESTON v. STATE.

5 Div. 211

Supreme Court of Alabama

December 12, 1935

Appeal from Circuit Court, Lee County; W.B. Bowling, Judge.

Johnnie, alias Bud, Preston was convicted of murder, and he appeals.

Affirmed.

B.T. Phillips and J. Arch McKee, both of Opelika, for appellant.

A.A. Carmichael, Atty. Gen., for the State.

GARDNER, Justice.

The appeal is from a judgment of conviction of murder in the first degree, with the infliction of the death penalty.

There is no bill of exceptions, and the refusal to defendant of the affirmative charge as to each separate count of the indictment, and to the indictment as a whole, is not here reviewable. There was no error in overruling the demurrer to the indictment. Thomas v. State, 111 Ala. 51, 20 So. 617; Ex parte State (Brooms v. State), 197 Ala. 419, 73 So. 35.

There appears nothing further in the record deserving special comment.

No reversible error appearing, let the judgment stand affirmed.

Affirmed.

All the justices concur, except ANDERSON, C.J., not sitting.