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18 Ala. App. 401

92 So 17

Bradford v. State

Alabama Court of Appeals

Decided January 17, 1922

Alabama Court of Appeals · decided 1922-01-17

P. Heflin, Judge. E. C. Bradford was convicted for failing or refusing to dip tick-infested cattle, and he appeals. The court erred in overruling demurrers to the affidavit and in refusing the charges requested. 17 Ala. App. 419, 84 South. 883.

Cited by 3 later decisions — most recently November 1925

3 state decisions

Relies on Birmingham E. & B. R. R. v. Hoskins · 15 Ala. App. 460 - Yarbrough v. State · 16 Ala. App. 87 - Graham v. State

Good law ✅— No negative treatment on recordhow we know

Affiimed · Decided 1922-01-17

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MERRITT, J.

¶1 On appeal from the Jefferson county court of misdemeanor, to the circuit court, the defendant was convicted under a complaint which charged that he failed to dip his cattle after being warned to do so.

¶2*402 [1] There are certain demurrers set out in the record, but the judgment entry does not recite that they were presented to, considered, or acted upon by the court, and, this being true, this court cannot consider them. Birmingham, E. & B. R. R. Co. v. Hoskins, 14 Ala. App. 254, 69 South. 339; Yarbrough v. State, 15 Ala. App. 460, 73 South. 830.

¶3 However, the questions raised by the demurrers have been decided adversely to the defendant in the case of Williams v. State ante, p. 83, 89 South. 97.

¶4 [2] There is no bill of exceptions in the transcript; consequently, the court’s refusal to give certain written charges asked by the defendant will not be reviewed. 13 Mitehie’s Digest, 795; Moran v. State, 15 Ala. App. 379, 73 So. 748; Yarbrough v. State, 15 Ala. App. 460, 73 So. 830; Ward v. State, 15 Ala. App. 598, 74 So. 727; Graham v. State, 16 Ala. App. 87, 75 So. 635.

¶5 We find no error in the record, and the judgment appealed from is affirmed.

¶6 Affirmed.

¶7 <®=3Por other cases see same topic and KEY-NUMBER in all Key-Numbered Digests and Indexes

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