Edgar v. State

On Application for Rehearing

The opinion of December 17, 1993, is withdrawn and the following is substituted therefor.

The specific question presented in this case is one of first impression involving Rule 24.4, Alabama Rules of Criminal Procedure. Rule 24.4 provides that in the circuit court a motion for new trial is denied by operation of law if not ruled upon by the trial judge within 60 days "after the pronouncement of sentence." The question is: If a criminal defendant moves for a new trial under the provisions of Rule 24, Ala.R.Crim.P., and supports the new trial motion by evidence that…