Myrick v. State

Alabama Court of Appeals

Myrick v. State

129 So. 309, 23 Ala. App. 554, 1930 Ala. App. LEXIS 164

CourtAlabama Court of Appeals

DecidedJune 17, 1930

Docket8 Div. 906.

StatusPublished

This text of 129 So. 309 (Myrick 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

Myrick v. State, 129 So. 309, 23 Ala. App. 554, 1930 Ala. App. LEXIS 164 (Ala. Ct. App. 1930).

Pincite

Opinion

RICE, J.

It seems now too well established to need the citation of authority that where the bill of exceptions contains no reference to the motion for a new trial, does not recite that *555 same was filed, either granted or refused, and an exception reserved to the ruling, the trial court’s action with regard to same will not be here reviewed.

In this case we are unwilling to say that there was no evidence tending to show the guilt of appellant as charged. Consequently, we would not hold the trial court in error for refusing to give, at appellant’s request, the general affirmative charge in his favor. McMillan v. Aiken et al., 205 Ala. 35, 88 So. 135.

We find nowhere any prejudicial error, and the judgment of conviction is affirmed.

Affirmed.

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