Thomas v. State

The defendant was convicted under an indictment which charged robbery, and was sentenced to the penitentiary for a term of 10 years.

The defendant made a motion for a new trial, but this motion, appearing in the record proper, and not in the bill of exceptions, and there being no statement in the bill of exceptions as to what, if any, testimony was offered in connection with the motion for a new trial, cannot be considered. Acts 1915, p. 722; Crawley v. State, 16 Ala. App. 545, 79 South. 804; Stover v. State, 204 Ala. 311, 85 South. 393.

By motion in arrest of judgment the appellant raised the…