Opinion
3 Div. 665, 666.
January 20, 1931.
Appeal from Circuit Court, Conecuh County; F. W. Hare, Judge.
Henry Johnson and Roosevelt Johnson were convicted of violating the prohibition law, and they appeal.
Affirmed.
Hybart Dickey, of Evergreen, for appellants.
Brief did not reach the Reporter.
Charlie C. McCall, Atty. Gen., and Merwin T. Koonce, Asst. Atty. Gen., for the State.
The overruling of a motion for a new trial is not reviewable where the bill of exceptions fails to disclose that an exception was reserved. Tanner v. State, 22 Ala. App. 20, 111 So. 647; Grace v. State, 22 Ala. App. 360, 115 So. 761; Hall v. State, ante, p. 75, 130 So. 531; Id., 222 Ala. 26, 130 So. 533.
These two cases were tried together, by agreement, both appellants convicted of the offense of violating the prohibition laws by having whisky in their possession, and the separate appeals of each submitted here on the same transcript.
The bill of exceptions not showing an exception to have been reserved to the court's action in overruling appellant's motion for a new trial, said action cannot be here reviewed. Tanner v. State, 22 Ala. App. 20, 111 So. 647.
The record presents nothing else worthy of mention by us, and the judgments of conviction are affirmed.
Affirmed.