Where an appeal is on the record proper without a transcript of the evidence, the only question presented on review is the regularity of the proceedings. Pitts v. State, 38 Ala. App. 342, 83 So.2d 258 (1955). In the absence of a showing to the contrary, the presumption is always that the trial court ruled correctly.

Ordinarily where a record proper is submitted the only question presented for review is the regularity of the proceedings below confined to the four corners of the certified record. Pitts v. State, 38 Ala. App. 342, 83 So.2d 258. However, where constitutional questions arise waiver cannot be implied from the absence of an evidence transcript.