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10 Ala. App. 76

Sears v. State

Alabama Court of Appeals

Decided May 21, 1914

Alabama Court of Appeals · decided 1914-05-21

Heard before Hon. Gaston Gunter. Robert L. Sears was convicted of an assault with intent to murder, and he appeals. Counsel discusses assignments of error, as to the court’s rulings on the evidence with citation of authority in support thereof, but in view of the opinion it is not deemed necessary to set them out.

Cited by 3 later decisions — most recently October 1991

3 state decisions

Good law ✅— No negative treatment on recordhow we know

Affirmed · Decided 1914-05-21

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PELHAM, J.

¶1We have carefully examined the transcript in this case, and discover no reversible error. The proceeding's shown in the record proper are regular, and the bill of exceptions contains nothing requiring or meriting discussion; and no matter has been pointed out or called to our attention by argument or brief in behalf of the appellant as constituting error. Let tl'« judgment appealed from be affirmed.

¶2*77ON REHEARING.

¶3The appellant, in an application for a rehearing, points out and discusses several matters that are insisted upon as showing reversible error. We have again examined the transcript in connection with the contentions of the appellant, and are of opinion that reversible error is not shown by anything insisted upon in the application. Several of the matters argued as showing error are not reviewable here, as no ruling of the trial court in. respect to them is shown b;y any recital contained in the bill of exceptions. Many of the rulings on the evidence that are insisted upon as constituting error are shown to have been subsequently changed, and the defendant to have been given the benefit of everything he was seeking to obtain through his objections. Rulings to which exceptions were reserved that were not cured or rendered nonprejudicial to the defendant are manifestly correct.

¶4Application 'denied.

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