# Davis v. State

> Alabama Court of Appeals · April 11, 1933 · 25 Ala. App. 412

URL: https://www.frixlaw.com/law-library/cases/3220362

## Case

- **Full name:** Davis v. State.
- **Court:** Alabama Court of Appeals
- **Decided:** April 11, 1933
- **Citations:** 25 Ala. App. 412; 147 So. 649; 1933 Ala. App. LEXIS 78
- **Precedential status:** Published
- **Opinion:** Opinion of the court by Rice
- **Judges:** Rice
- **Cited by:** 1 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/3220362

## Opinion text

RICE, Judge.
Appellant was convicted of the offense of petit larceny.
It is well settled that a scintilla of evidence supporting a contention at-issue is all that is necessary to require the question raised thereby to be submitted to the jury for decision. Norwood Hospital v. Brown, 219 Ala. 445 , 122 So. 411 .
There
was
such scintilla, supporting the charge made by the state, in this case. Hence, the general affirmative charge, duly requested by ■ appellant, was properly refused.
It is, likewise, well settled that for the appellate court to be enabled to review the action of the trial court with reference to the motion for a new trial made there by the defendant (appellant) on the ground of the insufficiency of tile evidence to support the ver.diet, etc., or on any other ground, the bill of exceptions “must contain a sufficient recital to show the making of such motion, the ruling thereon, and
an exception thereto"
(italics ours). Ex parte Grace (Grace v. Old Dominion Garment Co.), 213 Ala. 550 , 105 So. 707, 708 . And see Grace v. Old Dominion Garment Co., 21 Ala. App. 96 , 105 So. 707 .
In the instant case, no
exception
is shown, as required, to the
ruling
on appellant’s motion for a new trial; hence, etc. We have “considerEed] all questions apparent -on the record or reserved by bill of exceptions,” in accordance with the provisions of Code 1923 § 3258.
But we find no prejudicially erroneous ruling. And the judgment of conviction is affirmed.
Affirmed.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/3220362. Public record. Not legal advice.