Spears v. State

I am concurring in the conclusion reached by the PRESIDING JUDGE for the following reasons: Where the bill of exceptions fails to disclose any evidence as to time or venue, circuit court rule 35 obtains, and the trial court will not be put in error for a refusal to give at the request of defendant the general charge unless the point is brought to the attention of the trial judge. This point has many times been decided by this court and the Supreme Court. Green v. State, 22 Ala. App. 536, 117 So. 607; Houk v. State, 21 Ala. App. 111, 105 So. 425; Harris v. State, 21 Ala. App. 67, 105 So. 389;…