71 So. 706 | Ala. | 1916
Appellant was convicted of murder in the second degree, and sentenced to imprisonment for a period of 35 years. He sought to justify the killing upon the theory of self-defense. No questions are presented for review upon the evidence in the case. The record contains a large number of special charges, both given and refused, none of which are numbered. The oral charge of the court does not appear in the record. The bill of exceptions merely states that: “The presiding judge
thereupon charged the jury the law as to the various phases of the case.”
We have carefully considered the testimony in this case, and think it too clear for argument that it lacks the essential elements of the case quoted from above,.and that the doctrine of the Storey Case, as above qualified and explained, is therefore without application here.
An examination of this record fails to disclose any reversible error, and the judgment of conviction is accordingly affirmed.
Affirmed.