Burrow v. State

Appellant was convicted of assault with intent to murder and sentenced to imprisonment in the penitentiary for a term of 14 years.

It is very clear from the testimony in the lower court that a question of fact was presented and the court properly submitted the guilt or innocence of the appellant to the jury.

The sufficiency of the evidence is not actually before this court since no motion for a new trial, request for the affirmative charge, motion to exclude the evidence or other effort to invoke a ruling by the trial court was made. Eady v. State, 48 Ala.App. 726, 267 So.2d 516; Sashner v.…