55 Ala. 145 | Ala. | 1876
No exception was taken to any charge given by tbe court to tbe jury in tbis cause, or to a refusal of tbe court to give any charge asked to be given on behalf of defendant. It is therefore to be presumed, tbat tbe instructions of tbe circuit judge fairly and fully presented tbe case in all proper aspects, and in the light of all tbe evidence, to tbe jury for their consideration. The same testimony by wbicb it was proved tbat tbe gin-bouse tbat was burned, and some of tbe cotton therein, was tbe property of Leonidas Batcliff, shows tbat be “was also known and cabed by tbe name of Leon Batcliff,” to whom tbe indictment charges tbat tbe gin-bouse burned belonged. No objection was made to tbe introduction of tbis evidence; tbe bill of exceptions does not say tbat there was no other upon tbis point; and no exception is made to any charge given, or to the refusal to give any charge respecting it, in the Circuit Court. We do not, therefore, perceive any ground upon which tbis court can undertake to review the action or rulings of tbat court in relation to tbis matter. — See Franklin v. The State, 52 Ala. 414.
The same observations are applicable to the subsequent testimony tending to show ill feeling and threats on the part of the accused against Dick Robinson, whose cotton was in the gin-house, and was destroyed with it.
Let the judgment of the Circuit Court be affirmed.