Johnson v. State

[1-3] The appellant has been adjudged guilty of murder in the first degree, and his punishment fixed at death. His appeal is on the record only; no bill of exceptions appearing in the transcript. Under the act of September 22, 1915, amending Code, § 6256, the transcript “should not have contained the order of the court for the special venire, or fixing the date for the trial of the defendant, no question thereon being raised in the trial court.” Paitry v. State, 196 Ala. 598, 72 South. 36. The motion for a new trial cannot be reviewed, in the absence of a bill of exceptions. Nevertheless, had…