Summary
In Johnson v. State, 75 So. 635, the final clause of the instruction complained of was as follows: "If, however, the jury agrees upon the guilt of the defendant but fails to agree upon the punishment, it is their duty under the law to return a verdict of guilty as charged."
Summary of this case from Tatum v. StateOpinion
6 Div. 306.
May 8, 1917.
Appeal from Circuit Court, Jefferson County; H.P. Heflin, Judge.
Frank Graham was convicted, and appeals. Affirmed.
W.L. Martin, Atty. Gen., for the State.
The defendant was indicted, tried, and convicted of the offense of assault with intent to murder, and was sentenced to imprisonment in the penitentiary for a term of eight years. The record in this case contains no bill of exceptions. No question was raised relative to the sufficiency of the indictment, and no exception was reserved to any portion of the oral charge of the court. The only refused charge was the general affirmative charge in favor of the defendant, and this charge cannot be reviewed in the absence of a bill of exceptions. Cobb v. State, 115 Ala. 18, 22 So. 506; Frazier v. State, 71 So. 981.
Reported in full in the Southern Reporter; reported as a memorandum decision without opinion in 14 Ala. App. 665.
We have carefully examined the record, and find it free from error, and the judgment of the lower court must be affirmed.
Affirmed.