Barnes v. State

RICE, Judge.

It seems definitely to be the law of Alabama that where the record proper is free from error, and the bill of exceptions fails to disclose any exceptions to. any action of the court, either as to evidence or instructions, and the sufficiency of the evidence is not challenged at the trial in any way, a conviction must be affirmed as free from error, although the evidence certified to be all that was had on the trial was, as shown by the record, insufficient to show a commission of the offense charged, or of any offense. Woodson v. State, 170 Ala. 87, 54 So. 191.

As stated in the…