The appeal in this cause is upon the record proper. There being no bill of exceptions, we cannot review the action of the trial court, therefore, in refusing the written charges requested by the defendant, which are set out in the record. Paitry v. State, 196 Ala. 598, 72 So. 36.

We find no error on the record, and the judgment of conviction will be affirmed.

Affirmed.

ANDERSON, C. J., and McCLELLAN and THOMAS, JJ., concur.