Vinson v. State, 8 Div. 891.
| Citation | 152 So. 259,26 Ala.App. 48 |
| Decision Date | 21 November 1933 |
| Docket Number | 8 Div. 891. |
| Parties | VINSON v. STATE. |
| Court | Alabama Court of Appeals |
Rehearing Denied Jan. 9, 1934.
Appeal from Law and Equity Court, Lauderdale County; Orlan B. Hill Judge.
Willie Vinson was convicted of bastardy, and he appeals.
Affirmed.
Certiorari denied by Supreme Court in 152 So. 260.
Raymond Murphy, of Florence, for appellant.
Thos E. Knight, Jr., Atty. Gen., and Jas. L. Screws, Asst. Atty Gen., for the State.
From a judgment of conviction for bastardy this appeal was taken.
Errors are assigned as the law requires in cases of this character.
On the trial in the court below the defendant offered no evidence. The evidence of the state was amply sufficient to meet the required rule, and therefore to sustain the verdict of the jury and the judgment of conviction pronounced and entered in accordance therewith. Moreover, this question was not presented on the trial, as there was no request for the affirmative charge, nor a motion for a new trial. England v. State, 23 Ala. App. 393, 126 So. 174.
The several insistences relating to alleged irregularities of the appearance bond in the justice of the peace court cannot avail the appellant, as it affirmatively appears he suffered no injury in this connection. Looney v. State (Ala App.) 140 So. 181. Moreover, it appears from the record that he failed to appear in the circuit court when his case was called, but made default, necessitating the issuance of an alias capias and his rearrest. In addition to what has been said, it has many times been held that a motion to quash the affidavit and warrant comes too late when it is made for the first time in the circuit court or other court of equivalent jurisdiction.
The remaining question relates to the admission of evidence of the confession of defendant without first having laid a proper predicate. The point is presented here for the first time. In other words, no ruling at nisi prius was invoked or had in this connection, as the record shows the witness was allowed to testify without objection, and, so far as this court can know, with the full consent of defendant. In cases of this character the jurisdiction this court has is appellate only. In other words, review here in such cases is limited to those matters upon which action or ruling at nisi prius was invoked or had. The lower court may not be placed in error in the absence of...
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...710 (1915); Ethridge v. State, 26 Ala.App. 600, 164 So. 397 (1935); Butler v. State, 130 Ala. 127, 30 So. 338 (1901); Vinson v. State, 26 Ala.App. 48, 152 So. 259 (1934); England v. State, 23 Ala.App. 393, 126 So. 174 (1930); Brook v. State, 155 Ala. 78, 46 So. 491 (1908); Johnson v. State,......
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...19 Ala.App. 227, 96 So.459; Sasser v. State, 29 Ala.App. 326, 195 So. 564; Graham v. State, 24 Ala.App. 171, 133 So. 57; Vinson v. State, 26 Ala.App. 48, 152 So. 259; Wetzel v. State, 25 Ala.App. 38, 140 So. 620; Thompson v. State, 24 Ala.App. 300, 134 So. 679; Sharp v. State, 21 Ala.App. 2......
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Bush v. State, 4 Div. 227
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