MOTLEY v. STATE, 20 Ala. App. 689 (1924)

102 So. 924

Adolph MOTLEY v. STATE.

6 Div. 494.Court of Appeals of Alabama.
December 16, 1924.

Appeal from Circuit Court, Jefferson County; William E. Fort, Judge. Adolph Motley was convicted of manslaughter in the first degree, and he appeals. Affirmed.

William H. Brantley, Jr., of Birmingham, for appellant.

Counsel argues for error in the refusal of charges requested by defendant, but in view of the decision it is not necessary to set out the brief here.

Harwell G. Davis, Atty. Gen., Jim Davis, Sol., and Willard Drake, Asst. Sol., both of Birmingham, for the State.

Where there is no bill of exceptions, there can be no review of the refusal of charges requested by appellant. Mack v. State, 201 Ala. 269, 77 So. 683.

FOSTER, J.

The appeal is upon the record, without bill of exceptions. In the absence of a bill of exceptions, the requested written charges refused to the defendant cannot be reviewed. Mack v. State, 201 Ala. 269, 77 So. 683; Paitry v. State, 196 Ala. 598, 72 So. 36; Richey v. State, 16 Ala. App. 187, 76 So. 471; Franklin v. State, 16 Ala. App. 192, 76 So. 476. We find no error in the record. The judgment of conviction is affirmed. Affirmed.