State v. Mackey

The defendants, father and son, were indicted jointly and tried jointly for the crime of murder, found guilty, and sentenced to be hanged. The bill of exceptions purports to contain, in substance, the whole testimony, and the first point suggested is the insufficiency of the evidence to justify the verdict. This alleged error applies to the denial of the defendants’ motion for a new trial. There are cases in which it has been *156held that a motion for a new trial is addressed to the sound discretion, of the court below, and that the overruling of such a motion will not be reviewed unless there…