Hale v. Layer

FOSTER, Justice.

The Court of Appeals has set out in its opinion the substance of the evidence shown in the record on appeal to that court, and held that the affirmative charge was not due the defendant on that basis, but that the verdict could not be supported against attack by a motion for a new trial. In the first instance that court passed on a legal question: that is, the legal effect of that evidence. That is not involved on the certiorari now before us, but it would be reviewable in that manner if it were involved in the petition. Rainey v. State, 245 Ala. 458, 17 So.2d 687. In holding…