Opinion
6 Div. 533.
May 29, 1930.
Appeal from Circuit Court, Jefferson County; John P. McCoy, Judge.
Brown Brown, of Birmingham, for appellant.
Brief did not reach the Reporter.
Charlie C. McCall, Atty. Gen., and Wm. P. Cobb, Asst. Atty. Gen., for the State.
No question is raised as to the regularity of the order of the court for a special venire of fixing the day for trial of defendant. In the absence of such questions, such proceedings are, on appeal, presumed to have been regular and legal. Code 1923, § 3249; Supreme Court Rule 27, 4 Code 1923, p. 888; Cherry v. State, 214 Ala. 519, 108 So. 536; White v. State, 209 Ala. 546, 96 So. 709. While there may be merit in the fourteenth ground of the motion for a new trial, the judgment overruling the motion cannot be reviewed in absence of a bill of exceptions or any evidence to support the motion.
No question was raised as to the regularity of the proceedings in respect to a special venire for the appellant's trial, and, in the absence of some question being raised on the trial, the statute creates a presumption that the proceedings in this respect are regular. Code 1923, § 3249; Cherry v. State, 214 Ala. 519, 108 So. 536.
In one of the grounds of the motion for new trial it is asserted that the court refused to allow the defendant to adduce evidence of self-defense under the plea of not guilty, and required him to plead specially. While this ground of the motion is not supported by a bill of exceptions, we deem it not improper to say that, in criminal trials, self-defense may be shown under the plea of not guilty. Roberson v. State, 183 Ala. 43, 62 So. 837; Fowler v. State, 161 Ala. 1, 49 So. 788; 9 Enc. P. P. 784.
The record shows no error for which the judgment should be reversed.
Affirmed.
ANDERSON, C. J., and SAYRE and THOMAS, JJ., concur.