Fendley v. State

The accused was tried and convicted in the court below of violating the prohibition law.

The evidence for the State tended to show that the defendant had illicit whiskey in his possession.

Incident to the introduction of the evidence, the court did not at any time rule against the position of the appellant's attorney.

The general affirmative charge was not requested in defendant's behalf, neither was a motion for new trial filed.

We have often held that our appellate review is confined to those questions which are raised at nisi prius. Kornegay v. State, 34 Ala. App. 274, 38 So.2d 606; Parcus v.…