Whisenant v. State

• Decision Date: 08 October 1931
• Docket Number: 7 Div. 74.
• Parties: LINDER WHISENANT v. STATE.
• Court: Alabama Supreme Court

137 So. 457

223 Ala. 550

LINDER WHISENANT v. STATE.

7 Div. 74.

Supreme Court of Alabama

October 8, 1931

Rehearing Denied Nov. 19, 1931.

Certiorari to Court of Appeals.

Petition of Linder Whisenant for certiorari to the Court of Appeals to review and revise the judgment and decision of that court in Whisenant v. State, 137 So. 456.

Rutherford Lapsley and Knox, Acker, Sterne & Liles, all of Anniston, for petitioner.

Thos. E. Knight, Jr., Atty. Gen., opposed.

ANDERSON, C.J.

The only question presented to this court by the petition and brief relates to the ruling of the trial court on the admissibility of certain evidence. We find no decision or treatment by the Court of Appeals, in its opinion, of this question, and cannot therefore review said court under the present proceeding upon a question of law. If, as counsel suggest, the question was argued and insisted upon in said court, it should have been so treated as to enable the defendant to present the question to this court. But, as such was not done, the mere general statement by the Court of Appeals, "We see nowhere prejudicial error," is not sufficient to call upon this court to pass on a legal question not discussed or treated by the Court of Appeals.

Writ denied.

GARDNER, BOULDIN, and FOSTER, JJ., concur.