93 So. 228 | Ala. Ct. App. | 1922
The motion of the Attorney General to dismiss the appeal in this case must prevail.
The appellant has not perfected an appeal, for that he has failed to file a written statement, signed by the defendant or his attorney, that the defendant appeals from the judgment of the trial court, as provided for by section 7 of an act approved February 15, 1919 (Acts Ala. 1919, p. 86). Brewer v. State, ante, p. 163,
The appeal is dismissed.
No exceptions were taken to any of the rulings of the trial court on the introduction or exclusion of the testimony; consequently there is nothing for us to review on the rulings of the court in this respect.
The bill of exceptions does not purport to set out all, or substantially all, of the evidence offered in the trial of the case; consequently we cannot review the action of the trial court in refusing to the defendant the general affirmative charge.
The written charges refused to defendant, where they state correct propositions of law, are covered by the court's oral charge and other written charges given at the request of the defendant.
In view of these things, the motion of the appellant must be overruled.