July 5, 1922. The opinion of the Court was delivered by
MR. JUSTICE COTHRAN.
Indictment for violation of the Prohibition Law. From verdict of guilty and judgment, defendant appeals.
The first five exceptions charge error in the refusal of the defendant's motion for a new trial upon various grounds. As the record for appeal does not show that the motion for a new trial was made upon any of the grounds set forth in the exceptions, it does not appear that said grounds were passed upon by the Circuit Judge; the exceptions cannot therefore be considered.
The sixth exception charges error in allowing the sheriff to testify that the detectives turned over to him a quart of whiskey, the night of the arrest. The testimony was introduced in corroboration of the testimony of the detectives that they had secured a bottle of whiskey from the defendant and was admitted for that purpose.
The judgment of this Court is that the judgment of the Circuit Court be affirmed.