268 So. 2d 501 | Ala. Crim. App. | 1972
Murder in the first degree: sentence, life imprisonment.
Stallworth, having been spotted, came out of a restaurant and Clayborne killed him with a shot gun.
In this case we find no motion to exclude the State's evidence nor any written request for the affirmative charge.
A motion for new trial was filed and ruled upon, so we are told, but only by a certificate of the circuit clerk which was sent us some two weeks after the record itself came here.
A defendant in a criminal cause may now by statute appeal his motion for new trial. Code 1940, T. 7, § 764. Dawson v. State,
Neither the motion for new trial (with any attached affidavits together with any testimony given on the hearing) nor the judgment or order overruling the motion is in the record. Under Hobson v. State,
Thus, none of the three usual ways of exploring corroboration, vel non, of an accomplice is presented to us. Alexander v. State,
The judgment below is due to be
Affirmed.
All the Judges concur.