The appeal is from a judgment of conviction of murder in the first degree, with the infliction of the death penalty.

In the absence of a bill of exceptions, charges refused are not here reviewable (Preston v. State, 231 Ala. 285, 164 So. 571), nor does the motion for a new trial present matter here for consideration.

There is no error apparent on the record. Let the judgment stand affirmed.

Affirmed.