Swinea v. State

This appeal has been considered by the court sitting en bane. The entire record, including all of the evidence adduced upon the trial and the record proper, has been thus read and considered.

The action of the court below in overruling the motion for a new trial is not presented. In seeking a review by the appellate .courts. upon the ruling of the lower court overruling a motion for a new trial, the statute does not require that the motion and judgment thereon shall be set out in the bill of exceptions, but under the statute (Code 1923, § 6088) it is mandatory that the dill of exceptions must…