Davis v. State

The appellant was convicted of robbery and sentenced to imprisonment in the penitentiary for 10 years.

The sufficiency of the evidence upon which to base a conviction is not before the court, since the affirmative charge was not requested by the appellant, no motion to exclude the testimony of the State was made and no motion to set aside the verdict was filed after the judgment. Mims v. State, 23 Ala.App. 94, 121 So. 446; Sharp v. State, 21 Ala.App. 262, 107 So. 228. However, by way of dictum we call attention to the fact that the court has carefully read the record and the evidence is ample…