WASHBURN v. STATE

(88 South. 195) WASHBURN v. STATE. (6 Div. 712.) (Court of Appeals of Alabama. Dec. 14, 1920.) Criminal Law <S^1090(14), 1122(5) — Refusal of Charges not Reviewable without Oral Charge and Bill of Exceptions. Where there is no bill of exceptions, and the oral charge of the court does not appear, the refusal of written charges requested by defendant is not reviewable. Appeal from Circuit Court, Blount County; O. A. Steele, Judge. Dan Washburn was convicted of seduction, and he appeals. Affirmed. Kelton & Son and Russell & Johnson, all of Oneonta, for appellant. J. Q. Smith. Atty. Gen., and Lamar Field, Asst. Atty. Gen. (John A. Lusk & Son, of Gunterville, of special counsel), for the State. [MAJORITY — BRICKEN, P. J.] BRICKEN, P. J. The defendant was indicted for the offense of seduction, was tried and convicted, and an indeterminate sentence of not less than four years nor more than five years was imposed upon him. The appeal is upon the record proper, there being no bill of exceptions, and the time for filing same has expired. The record appears regular in all respects. There being no bill of exceptions, and the oral charge of the court not appearing, the written charges refused to defendant are not reviewable. Let the judgment of the lower court stand affirmed. Affirmed.