
    Ellington v. The State.
    Appeal from the Macon Circuit Court.
    Tried before the Hon. John R. Tyson.
    No counsel marked as appearing for appellant.
    William C. Fitts, Attorney-General, for the State.
    The appellant was indicted, tried and. convicted for grand larceny. No exceptions were reserved to the admission, or exclusion, of- evidence. The bill of exceptions states with reference to defendant’s evidence “that this was about all of the evidence introduced by defendant.” The court holds that “about” is entirely too indefinite when used in a bill of exceptions with reference to the evidence introduced. — Arnold v. A. G. S. R. R. Co., 84 Ala. 159.
    There was no exception reserved to the refusal of the court to instruct the jury as requested. The provisions of the statute (Acts, 1894-95, p. 126),'providing .that, an-exception by the opposite party shall be presumed to chargés given or refused, are available for the .purpose of requiring a review of the rulings of the lower court, provided the actions and rulings of the .court are assigned as error. In this case there are no assignments of error, therefore the ruling will not be reviewed. — Alston v. State, 109 Ala. 51; Wesson v. State, 109 Ala. 61.
    The judgment is affirmed.
   Opinion by

Coleman, J.  