Merrill v. State

Decided June 9, 1914

Alabama Court of Appeals · decided 1914-06-09

St. Clair Circuit Court. Heard before Hon. James E. Blackwood. W. O. Merrill was convicted of unlawfully or maliciously killing a hog, and he appeals. Omitting formal charging part, the indictment is as follows: W. O. Merrill, whose name is otherwise unknown to the grand jury, did unlawfully, or wantonly, or maliciously kill a hog, the property of William Minick. The demurrers do not appear from the record.

Cited by 1 later decisions — most recently June 1916

1 state decisions

Relies on Cross v. State

Good law ✅— No negative treatment on recordhow we know

Affirmed · Decided 1914-06-09

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THOMAS, J.

¶1The indictment followed the Code form (71), and was for the offense denounced by section 6230 of the Code.

¶2 *225The bill of exceptions shows several objections taken to the action of the court in its rulings on the admission and rejection of evidence, but these objections are so clearly without merit that we do not deem it necessary to discuss them, especially since appellant’s counsel does not consider them of sufficient merit or importance to warrant the filing of a brief in support of them. Sections 6230 and 6231 and the appropriate authorities cited under these sections answer and destroy every point made.

¶3The objection to the remarks of the solicitor was likewise without merit. — Cross v. State, 68 Ala. 476.

¶4The law does not authorize us to review the action of the lower court in overruling a motion for a new trial in a criminal case.

¶5The judgment of conviction is affirmed.

¶6Affirmed.