Stone v. State

SIMPSON, Judge'.

The defendant was convicted of forgery in the second degree. He had no counsel in his trial in the circuit court, but is represented here by able counsel, who have filed briefs in his behalf and therein urge that the judgment of conviction be set aside because of the insufficiency of the evidence to sustain the charge.

But this court is without authority to do so, were we so minded, because no ruling, as to this, was invoked pending trial, nor was there motion for a new trial.

' It is a cardinal rule of appellate practice that “where the evidence is deemed insufficient to…