Commons v. State

CARR, Presiding Judge.

On an indictment charging assault with intent to murder, the indictee was convicted of assault and battery.

The general affirmative charge was not requested in defendant’s behalf; neither was there a motion for a new trial. No-*87■questions are presented for review incident to the introduction of the testimony.

We have often declared that rewiew by the appellate courts is limited to those matters on which rulings at nisi prius proceedings were timely invoked. Kornegay v. State, 34 Ala.App. 274, 38 So. 2d 606; Parcus v. State, 19 Ala.App. 592, 99 So. 662.

The record discloses:

“D…