Preston v. State

Supreme Court of Alabama

Decided December 12, 1935

Supreme Court of Alabama · decided 1935-12-12

Relies on Ex Parte State, in re Brooms v. State · Thomas v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1935-12-12

How this case has been cited

Cited by 12 later decisions — most recently December 1987

3 federal appellate · 9 state decisions

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 →

GARDNER, Justice.

¶1 The appeal is from a judgment of conviction of murder in the first degree, with the infliction of the death penalty.

¶2 There is no hill of exceptions, and the refusal to defendant of the affirmative charge as to each separate count of the indictment, and to the indictment as a whole, is not here, reviewable. There was no error in overruling the demurrer to the indictment. Thomas v. State, 111 Ala. 51, 20 So. 617; Ex parte State (Brooms v. State), 197 Ala. 419, 73 So. 35.

¶3 There appears nothing further in the record deserving special comment.

¶4 No reversible error appearing, let the judgment stand affirmed.

¶5 Affirmed.

All the justices concur, except ANDERSON, C. J., not sitting.