The defendant was indicted and convicted for the robbery of Willie L. Boswell. Sentence was fifty years' imprisonment. *367
*368"the practicalities of proof may not require a party offering certain evidence to negative the remotest possibility of substitution or alteration; all that need be established is a reasonable certainty that there has been no substitution, alteration, or tampering with the specimen." A. Moenssens F. Inbau, Scientific Evidence in Criminal Cases, at 58 (1978).
While defense counsel did move to strike "anything about that" the trial judge never ruled on that particular motion. From the record it appears that the judge merely failed to rule and did not refuse. No ruling was sought on this particular motion, and the court granted the defendant's specific objection that the statement was not proper rebuttal. The defendant did not request any instructions be given the jury on this matter.
Under these circumstances, the defendant has no adverse ruling from which to appeal. Van Antwerp v. State,
We have searched the record as required by law for error prejudicial to the defendant. Finding none, we affirm the judgment of the Circuit Court.
AFFIRMED.
All Judges concur.
