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2 Ala. App. 94

Gilbert v. State

Alabama Court of Appeals

Decided December 21, 1911

Alabama Court of Appeals · decided 1911-12-21

Heard before Hon. William E. Foet. From a conviction of manslaughter, Gilbert appeals. The matter of continuance was within the discretion of the trial court, and not revisable on appeal. — House v. The State, 139 Ala. 132; Terry v. The State, 120 Ala. 287; Walker v. The State, 117 Ala. 85.

Key passage — most relied on by later courts

“(I)t is necessary, to present the action of the trial court in refusing special charges requested for review by this court, to show affirmatively by the record that the charges requested were in writing.”

quoted by 1 later decision, including 412 So. 2d 1278 - Harris v. State

Relies on Walker v. State · White v. State · Walker v. State

Good law ✅— No negative treatment on recordhow we know

Affirmed · Decided 1911-12-21

How this case has been cited

Cited by 6 later decisions — most recently March 1991

6 state decisions

20191119201930194019501960197019801990decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

View the full empirical analysis of this case →

PELHjAM, J.

¶1The trial court’s action in overruling the defendant’s motion for a continuance on account of absent witnesses was a matter resting in the sound discretion of the court-. No abuse is shown of the discretion and therefore no error was committed in denying the motion.House v. State, 139 Ala. 132, 135; Terry v. State, 120 Ala. 287, 292; Walker v. State, 117 Ala. 85, 87; Carr v. State, 104 Ala. 4, 14; Lowery v. State, 98 Ala. 45, 50; Walker v. State, 91 Ala. 76, 79; White v. State, 86 Ala. 69, 74; De Armon v. State, 77 Ala. 10, 15; Starr v. State, 25 Ala. 49, 51.

¶2The charges set out as requested by the defendant and refused are not show to have been requested in writing, nor to have been separately requested. Immediately preceding the charges as they appear set out in the bill of exceptions is the following statement: “The defendant requested the following charges, which were refused.” The bill of exceptions further shows that each of the charges was endorsed “refused” by the trial judge, and that an exception was reserved to the action of the court in refusing each of such charges, but it nowhere appears that the charges were separately requested, or that they were requested in writing; and it is necessary, to present the action of the trial court in *96refusing special charges requested for review by this court, to show affirmatively by the record that the charges requested were in writing.-Henderson v. State, 137 Ala. 83; Foxworth v. Brown, 114 Ala. 299; Bellinger v. State, 92 Ala. 86; Walker v. State, 91 Ala. 76; Ricketts v. B. S. Ry. Co., 85 Ala. 600; Wheless v. Rhodes, 70 Ala. 419; Crosby v. Hutchinson, 53 Ala. 5.

¶3The record contains no error, and the case will be affirmed.

¶4Affirmed.

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