Alabama Court of Appeals, 1921

Nichols v. State

Alabama Court of Appeals · Decided June 14, 1921 · Bricken

89 So. 847; 18 Ala. App. 184; 1921 Ala. App. LEXIS 155 (Southern Reporter)

Counsel

D.A. Baker, of Troy, for appellant. The demurrers should have been sustained. Sections 7151, Code. 1907; Acts 1919, p. 12; 107 Ala. 76 , 18 So. 207 . Counsel discuss the objection to evidence, but without citation of authority. Harwell G. Davis, Atty. Gen., for the State. Brief of counsel did not reach the Reporter.

Opinion of the Court

BRICKEN, P. J.

[1] The ruling of the court upon the demurrers to the indictment was so obviously free fqom error that this question needs no discussion. Code 1907, § 7151, and eases cited in footnotes.

[2] The court’s ruling upon the evidence is free from error.

The evidence adduced upon the trial of this cause was in conflict, and there was ample evidence, if believed by the .jury, upon which to predicate a verdict of guilt.

■The affirmative charge was properly refused.

No error appearing, the judgment of the lower court is affirmed.

Affirmed.

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