EVANS, J.
(1)
The transcript in this appeal contains no bill of exceptions, and, following the repeated holdings of this court, we cannot, in the absence of a bill of exceptions, review the written requests to charge refused to
appellant.
— Mitchell's
Case,
14 Ala. App. 104, 71 South. 982;
Clay’s Case,
14 Ala. App. 664, 71 South. 982;
Clark’s Case,
14 Ala. App. 633, 72 South. 291;
Dorough’s Case,
14 Ala. App. 110, 72 South. 208.
(2)
The motion 'for arrest of judgment is rightly set out in the record proper; but nothing appears from the record to show what, if any, action was taken by the court with reference to said motion; nor does it appear from said record when the motion was filed or made.
(3)
It is not the office of a bill of exceptions to present for review the ruling of the trial court on a motion in arrest of judgment. This motion reaches only errors appearing on the face of the record. The record should show, however, some order or judgment upon the
motion.
— Taylor’s
Case,
112 Ala. 69, 20 South. 848;
Hampton’s Case,
133 Ala. 180, 32 South. 230.
(4)
A recent statute (Acts 1915, p. 598) gives an appellant automatically an exception to the adverse ruling of the court upon a written motion, assuming the motion to have been in.writing, but the statute also requires the ruling of the court to be made a part of the record. Error is not presumed; it should be affirmatively shown. No ruling or order of court appears, and non constat the motion may have been filed after
sentence.
— Sanders’
Case,
129 Ala. 69, 29 South. 841.
An inspection of the record reveals no reversible error, and the judgment below must be affirmed.
Affirmed.
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