Devoise v. State

HAWKINS, Circuit Judge.

The appellant was convicted of murder in the second degree and sentenced to imprisonment in the penitentiary for seventy-five (75) years.

I

The sufficiency of the evidence upon which to base a conviction is not before the court, since the affirmative charge was not requested by the appellant, no motion to exclude the testimony of the State was made and no motion to set aside the verdict was filed after the judgment. Mims v. State, 23 Ala.App. 94, 121 So. 446; Sharp v. State, 21 Ala.App. 262, 107 So. 228; Davis v. State, 48 Ala.App. 629, 266 So.2d 839.

We have considered…