Burress v. State

These consolidated appeals (one from a conviction of murder, the other from a conviction of robbery) were originally assigned to the Presiding Judge. Afterwards, the writer, under Section 2 of Act No. 288, July 7, 1945, took over the assignment and prepared Parts I-V of this opinion. Cates, P. J. prepared the remainder.

I

Under Code 1940, T. 15, § 389, this court must search the record for any adverse rulings in the trial below which contain error injurious to the appellant. See Rendleman, The Scope of Review in Criminal Appeals, etc., 22 Drake L.R. 477; Rule A, 49 Ala.App. XXI and 28(a)(7)…