Otey v. State

Alabama Court of Appeals

Otey v. State

26 So. 2d 915, 32 Ala. App. 443, 1946 Ala. App. LEXIS 321

Alabama Court of Appeals·Decided June 25, 1946·No. 8 Div. 477.·Published

Opinion

BRICKEN, Presiding Judge.

From a judgment of conviction for rape, the punishment fixed at twenty years imprisonment, this appeal was taken.

Upon- examination of the trans-script we ascertain that the trial below proceeded throughout regularly in every way. Also, that the evidence adduced tended conclusively to establish the guilt of the defendant as charged in the indictment. Further, during the trial no ruling of the court was invoked. No written charge requested, nor was there a motion for a new trial. Thus it affirmatively appears, no question is presented for the consideration of this court; except to order the affirmance of the judgment of conviction of the lower court from which this appeal was taken.

Affirmed.

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BRICKEN, Presiding Judge.

From a judgment of conviction for rape, the punishment fixed at twenty years imprisonment, this appeal was taken.

Upon- examination of the trans-script we ascertain that the trial below proceeded throughout regularly in every way. Also, that the evidence adduced tended conclusively to establish the guilt of the defendant as charged in the indictment. Further, during the trial no ruling of the court was invoked. No written charge requested, nor was there a motion for a new trial. Thus it affirmatively appears, no question is presented for the consideration of this court; except to order the affirmance of the judgment of conviction of the lower court from which this appeal was taken.

Affirmed.

Otey v. State, 26 So. 2d 915, 32 Ala. App. 443, 1946 Ala. App. LEXIS 321 (Ala. Ct. App. 1946).

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