Weldon v. State

The bill of exceptions fails to state that it contains all, or in substance all, the evidence adduced on the trial. In the absence of this recital, this court will presume that there was sufficient evidence given on the trial to warrant the trial court in refusing all charges asking affirmative relief. This applies to refused charges 9 and 10.

For a like reason this court will not review the ruling of the trial court overruling the defendant's motion for a new trial, based upon the contention of a lack of proof to sustain the verdict. Thorne v. State (Ala.App.) 105 So. 709;1 Bissell M. Co. v.…