The charge, by indictment, against this appellant, was the violation of the prohibition laws of the state (Code 1923, §§ 4615-1800) by having whisky in his possession. The defendant interposed a plea of not guilty.
The state’s evidence consisted mainly of the testimony of three witnesses, each of whom testified that they saw the defendant drive by a house in which they were secreted, and that a negro standing upon the running hoard of the automobile driven by defendant stepped off the car,.-when it slowed up in front-of' the house, and took from the car driven by the accused a sack containing about 39 pints of whisky; -that the negro went into- a cane patch, put the whisky down on the grouiid' near the center of the cane patch, and -immediately left.. The officers stated they went-at once and got the sack of bottles containing the whisky, but that they had not seen the negro since. The defendant was arrested that day on the charge. He denied emphatically that the-negro took the whisky from the car he was driving. This conflict in the evidence presented a clear-cut issue of fact for the jury. Pending the trial of the case; several exceptions were reserved to the' court’s rulings upon the admission of the evidence. We have examined each of the exceptions reserved in this connection. They are so clearly free from injurious error nci discussion of the points involved is necessary. Two objections were interposed to certain statements made by the solicitor in his argument to' the jury. The court overruled the objections, and the defendant in one instance reserved an exception, but did not move to exclude from the jury, in either-instance, the alleged objectionable remarks. These questions, therefore, under the prevailing rule, are not presented. The rule is that a mere objection to words already spoken in argument does not reach the evil aimed at. In order to properly present the matter for review, the court must be appealed to to exclude the objectionable argument from the - consideration of the jury, failing which there is nothing presented for review by an exception. Lambert v. State, 208 Ala. 42, 93 So. 708.
It appears from this record that the accused was accorded a fair and impartial trial. As stated, the case as a whole presented a question of fact for the jury. No prejudicial error appears in any of the rulings of the court, and, as the record proper is regular in all things, the judgment of conviction in the circuit court will stand affirmed.
Affirmed.