State v. Carter

• Decision Date: 16 January 1913
• Citation: State v. Carter, 60 So. 941, 7 Ala.App. 1 (Ala. App. 1913)
• Parties: STATE v. CARTER.
• Court: Alabama Court of Appeals

60 So. 941

7 Ala.App. 1

STATE v. CARTER.

Court of Appeals of Alabama

January 16, 1913

Appeal from Probate Court, Conecuh County; F. J. Dean, Judge.

Application of Martin Carter for bail. Application allowed, and the State appeals. Affirmed.

R. C Brickell, Atty. Gen., and C. R. Bricken, of Luverne, and W L. Martin, of Montgomery, for the State.

James A. Stallworth, of Evergreen, for appellee.

WALKER, P.J.

What is called the bill of exceptions sets out the evidence offered on the hearing of appellee's application for bail, and the ruling of the examining magistrate allowing bail and prescribing the amount thereof, but does not show that any exception was reserved by the prosecution to that or any other ruling made. The question of the petitioner's right to be admitted to bail was one of law arising on the evidence adduced. As a question of law so arising does not "distinctly appear on the record," within the meaning of the statute, it must, to be presented for review on appeal, "be reserved by bill of exceptions." Code, § 6243. Such reservation is made by excepting to the ruling or decision when rendered. Ex parte Knight, 61 Ala 482; Hurd v. City of Troy, 170 Ala. 113, 54 So. 495; 3 Ency. of Pleading and Practice, 412. A question arising on the evidence being one the reservation of which for the consideration of a revising court is appropriate to be shown by a bill...