Ward v. State

¶1 (1) The affidavit on which the defendant was tried and convicted follows the form prescribed by the statute for proceedings in the county court, without undertaking to set out the constituents of the offense, and is sufficient to sustain the judgment of the court. — Code 1907, § 6703; Malloy v. State, 165 Ala. 117, 50 South. 1027; Miles v. State, 94 Ala. 106, 11 South. 403; Wilson v. State, 115 Ala. 129, 22 South. 567.

¶2 (2) The record does not show a judgment of the court on the demurrers to the complaint, nor on the demurrers to the defendant’s plea of misnomer; and the entries of the clerk in the transcript that “said demurrers were sustained by the court,” etc., will not authorize a review. — Alabama Co. v. Brown, 129 Ala. 286, 29 South. 548; 5 Mayf. Dig. 566, § 51.

¶3 (3) The appeal is on the record without- a bill of exceptions; and the refusal of special charges to the defendant, as has been repeatedly held, cannot be reviewed without such bill.

¶4 Affirmed.