Brown v. State

CARR, Presiding Judge.

The accused, Donald Brown, was tried and convicted in the lower court for the offense of wilfully injuring the DeKalb County, Alabama courthouse by breaking windows in the jail section of said building. Title 14, § 80, Code 1940.

There was no request by the defendant for the general affirmative charge; neither did he file a motion for a new trial.

When the State rested in the introduction of its testimony, the defendant’s attorney made a motion to exclude the evidence on the ground “ * * * because the State has not proven the ownership of the property alleged to have been…