Brence v. State

RICE, Judge.

Appellant, charged with the commission o-f a misdemeanor, was tried by the court sitting without a jury, under the provisions of Code 1923, § 8598;

He dwells here upon the refusal of the lower court to grant his motion for a new trial. But, as we -understand it, the appeal as provided1 by Code 1923, § 8599, renders unnecessary the making of a motion for a new trial in the first pla.ce.

We “review the conclusions of fact reached by the júdge trying the case, when the evidence is given orally before him [as here], only on the same basis that the verdict of a jury will be reviewed,…