Sims v. State, 1 Div. 118.

• Decision Date: 17 October 1940
• Docket Number: 1 Div. 118.
• Citation: 240 Ala. 177,198 So. 259
• Parties: SIMS v. STATE.
• Court: Alabama Supreme Court

198 So. 259

240 Ala. 177

SIMS v. STATE.

1 Div. 118.

Supreme Court of Alabama

October 17, 1940

Certiorari to Court of Appeals.

Petition of J. Sims, alias Gerald Churchhill Mackreth, alias Gerald Charles McDonald, for certiorari to the Court of Appeals to review and revise the judgment and decision of that Court in the case of Sims v. State, 198 So. 258.

Writ of certiorari denied, and judgment of the Court of Appeals affirmed.

Sullivan, Holberg & Tully and Ralph G. Holberg, Jr., all of Mobile, for the motion.

Thos. S. Lawson, Atty. Gen., and John W. Vardaman, Asst. Atty. Gen., opposed.

BROWN, Justice.

The Court of Appeals finds as a fact from an examination of the record that the questions insisted upon by the petitioner were not properly presented by the record.

The writ of certiorari is therefore denied.

Judgment affirmed.

GARDNER, C.J., and THOMAS and KNIGHT, JJ., concur.