Benton v. State
Alabama Court of Appeals
Appeal from Circuit Court, Covington .County; A. B. Foster, Judge. Josiah Benton was convicted of petit larceny, and appeals.
1Opinion of the CourtBrigken, J.
On the original trial of this ease the defendant was convicted of the offense of petit larceny. The only question presented by this appeal is the action of the trial judge in overruling the motion for a new trial.
[1] Prior to Acts 1915, p. 722, amending section 2846 of the Godo of 1907, the granting or overruling of a motion for new trial in a criminal case was not reviewable; said section applying only to civil eases. However, the law as it now stands, by virtue of said amendment, makes it the duty of this court to review the action of the lower court in criminal cases as well as in civil…
2Cases cited3 opinions
- Moneagle & Co. v. LivingstonSupreme Court of Alabama · 1907
- Geter v. Central Coal Co.Supreme Court of Alabama · 1907
- Thomas Bros. v. WilliamsSupreme Court of Alabama · 1911
3Cited by6 opinions
- Vinet v. StateAlabama Court of Appeals · 1955
- Jenkins v. StateCourt of Criminal Appeals of Alabama · 1979
- Mangino v. ToddAlabama Court of Appeals · 1923
- Williams v. StateAlabama Court of Appeals · 1924
- Dinkins v. StateAlabama Court of Appeals · 1925
1 more not listed; retrieve them via the Exa API.