Moran v. State

¶1 (1) The transcript in this appeal contains no bill of exceptions, and, following the repeated holdings of this court, we cannot, in the absence of a bill of exceptions, review the written requests to charge refused to appellant. — Mitchell's Case, 14 Ala. App. 104, 71 South. 982; Clay’s Case, 14 Ala. App. 664, 71 South. 982; Clark’s Case, 14 Ala. App. 633, 72 South. 291; Dorough’s Case, 14 Ala. App. 110, 72 South. 208.

¶2*380 (2) The motion 'for arrest of judgment is rightly set out in the record proper; but nothing appears from the record to show what, if any, action was taken by the court with reference to said motion; nor does it appear from said record when the motion was filed or made.

¶3 (3) It is not the office of a bill of exceptions to present for review the ruling of the trial court on a motion in arrest of judgment. This motion reaches only errors appearing on the face of the record. The record should show, however, some order or judgment upon the motion. — Taylor’s Case, 112 Ala. 69, 20 South. 848; Hampton’s Case, 133 Ala. 180, 32 South. 230.

¶4 (4) A recent statute (Acts 1915, p. 598) gives an appellant automatically an exception to the adverse ruling of the court upon a written motion, assuming the motion to have been in.writing, but the statute also requires the ruling of the court to be made a part of the record. Error is not presumed; it should be affirmatively shown. No ruling or order of court appears, and non constat the motion may have been filed after sentence. — Sanders’ Case, 129 Ala. 69, 29 South. 841.

¶5 An inspection of the record reveals no reversible error, and the judgment below must be affirmed.

¶6 Affirmed.