KELLY v. STATE

6 Div. 534.

139 So.2d 326 (1962)

John Harvey KELLY v. STATE of Alabama.

Supreme Court of Alabama.

March 22, 1962.


Attorney(s) appearing for the Case

Peter A. Hall, Birmingham, for appellant.

MacDonald Gallion, Atty. Gen., and Jas. W. Webb, Asst. Atty. Gen., for the State.


LIVINGSTON, Chief Justice.

On an information filed by the Circuit Solicitor of Jefferson County, Alabama, John Harvey Kelly was convicted for a violation of Title 14, Sec. 56 of the Code of Alabama 1940. The trial was had on evidence taken ore tenus before the trial judge, and without the aid of a jury. A motion to set aside the judgment and grant a new trial was overruled. Kelly appealed to the Court of Appeals of Alabama.

Under and pursuant to the provisions...

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