Emerson v. State

FOSTER, Justice.

The statement in the opinion of the Court of Appeals, that in order to review the judgment on motion for a new trial, when the bill of exceptions cannot be considered to review the original judgment, there must be an appeal from the judgment on the motion on the authority of McMillon v. Skelton, 208 Ala. 693, 95 So. 148, is a principle now obsolete.

But at that time Section 6433 of the Code, Code 1940, Tit. 7, § 822, had not been so amended as that a bill of exceptions could preserve for review the rulings on the main trial by presenting the bill within ninety days after the…