Marshall v. StateMarshall v. State
Thе appellant was convicted оf an assault with intent to ravish, and was sentenced to the penitentiary for an indeterminate term of not less than six nor more thаn eight years. We do not undertake to rеview the evidence, which we have сonsidered with much care; suffice it to sаy that there was some evidence frоm- which infer
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enees might have been drawn by thе jury unfavorable to the innocence of the accused. The bill of excеptions does not purport to contain all, or substantially all, of the testimony аdduced in the trial of the case, and, this bеing so, we are constrained to beliеve there was other than that contained in the record. But for another reason we are precluded from a сonsideration of the testimony, even that part contained in the bill of excеptions. The motion for a new trial is not incorporated in and made a part of the bill of exceptions, and it doеs not appear what, if any, evidenсe was offered in support of the mоtion. Crawley v. State,
The sufficiency of thе evidence to justify the verdict not having bеen questioned below, and the judgment follоwing the verdict, an assignment of erroneous rendition of judgment presents nothing for reviеw. Strickland v. Town of Samson,
There was no еrror in the ruling of the court in reference to the testimony of W. H. McBrayer. It appears to have been limited to the fаct that the girl made complaint. Oakley v. State,
There was no error in allowing the state to show that the defendant and thе witness Paul Taylor were drinking before and аt or about the time they were at the house where the assault is alleged to have been made. The court stated thаt the testimony was allowed for the purpose of showing the condition of the рarties at the time, of the assault. Haswеll v. State,
Refused charge 3 was substantially covered by other written charges and the court’s oral charge. Besides, it is not entirely clear as to its meaning in thedast sentence.
There is no error in the record, and the judgment is affirmed.
’ Affirmed.