Waller v. State

CARR, Judge.

The accused was tried and convicted on an indictment charging the offense of rape.

The defendant did not request the affirmative charge; neither did 'he file a motion for a new trial. In this state of the record the sufficiency of the evidence to sustain the judgment of conviction is not presented for our review. Woodson v. State, 170 Ala. 87, 54 So. 191; Williams v. State, 31 Ala.App. 48, 11 So.2d 870.

After the appellant had brought out portions of certain conversations, the State was permitted to inquire into other parts of the same conversations. This was not against the rule.…