Opinion
7 Div. 798.
February 1, 1945.
Appeal from Circuit Court, Cherokee County; W. J. Haralson, Judge.
Roy D. McCord, of Gadsden, for appellant.
Reed Reed, of Centre, for appellees.
What purports to be the stenographic report of the trial is not certified by the court reporter, nor does it appear to have been filed in the court within the time required. The judgment should, therefore, be affirmed. Gen.Acts 1943, p. 423; Spurlock v. J. T. Knight Son, ante, p. 33, 18 So.2d 685; Blair v. Green, ante, p. 28, 18 So.2d 688; W. P. Brown Sons Lumber Co. v. Snead, 31 Ala. App. 552, 20 So.2d 118; Id., ante, p. 241, 20 So.2d 119.
The assignments of error relate solely to the giving of two charges for defendants, and objections to certain features of the evidence. They cannot be considered in the absence of a compliance with the Act of July 12, 1943, effective September 1, 1943, General Acts 1943, page 423, Title 7, section 827(1) to 827(6), and Rule 48 of Supreme Court, Code 1940, Tit. 7 Appendix, 245 Ala. XXI. There is in the record what purports to be a transcript of the proceedings on the trial. But it is not certified by the court reporter, nor marked filed with the clerk. It is not authenticated in any manner whatsoever.
Affirmed.
GARDNER, C. J., and THOMAS and STAKELY, JJ., concur.