Alabama Court of Appeals, 1938

Salome v. State

Salome v. State
Alabama Court of Appeals · Decided January 18, 1938 · Rice
178 So. 462; 28 Ala. App. 67; 1938 Ala. App. LEXIS 44 (Southern Reporter)

Salome v. State

Opinion of the Court

RICE, Judge.

Appellant was convicted of the offense of illegally having in possession whisky and beer.

We observe not much that needs to be said.

The case being first tried in an inferior court — as was provided by law — and reaching the circuit court by appeal, it was of course too late to file, for the first time in the circuit court, a plea in abatement. Bush v. State, 27 Ala.App. 30, 167 So. 335. And it was altogether proper to strike said plea on the State’s motion.

The evidence appears to us ample to support the verdict' of the jury. There was, hence, no error in overruling appellant’s motion to set same aside; and the judgment entered thereon is affirmed.

Affirmed.

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