Gillogby v. State

Alabama Court of Appeals

Gillogby v. State

120 So. 2d 570, 40 Ala. App. 640, 1960 Ala. App. LEXIS 288

CourtAlabama Court of Appeals

DecidedMay 10, 1960

Docket1 Div. 812

StatusPublished

Cited by2 cases

This text of 120 So. 2d 570 (Gillogby v. State) is published on Counsel Stack Legal Research, covering Alabama Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Gillogby v. State, 120 So. 2d 570, 40 Ala. App. 640, 1960 Ala. App. LEXIS 288 (Ala. Ct. App. 1960).

Pincite

Opinion

CATES, Judge.

This is an appeal from a conviction on an indictment of robbery for which Gillogby was sentenced to ten years imprisonment.

[641]*641Only one question is argued, that is, the sufficiency of the evidence to support the jury’s verdict. However, no request was made of the trial judge to rule on this question. In other words, we find in the record none of the following: (a) A motion to exclude the State’s evidence for failure to make a prima facie case; (b) a request for the affirmative charge; and (c) a motion for a new trial grounded on such a claim.

The lack of these requests prevents us from reviewing as to the sufficiency of the evidence. Davis v. State, 39 Ala.App. 515, 104 So.2d 762; Skinner v. State, 30 Ala. 524; Code 1940, T. 7, § 270 (charging on effect of evidence only on request).

Under Code 1940, T. 15, § 389, we must, as to all other matters, search the record without presumption. This we have done and find no error in the record.

Affirmed.

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