Clayton v. State

GARDNER, Chief Justice.

The Court of Appeals, in large part, rests the reversal upon the denial of the motion for a new trial; and it appears clear enough this ruling in turn is rested upon the theory that, upon consideration of all the facts and circumstances, the verdict was contrary to the preponderance of the evidence, though the opinion does not so state in so many words. Under our limited review of the opinion of the Court of Appeals, that conclusion of fact is not here reviewable. Tortomasi v. State, 238 Ala. 253, 189 So. 905; Milazzo v. State, 238 Ala. 241, 189 So. 907.

In view of…