Davis v. State

1. In this case the State questions the sufficiency of the approval of the grounds of the motion for new trial, and insists that there is no proper approval of such grounds. No motion was made to dismiss the motion for a new trial, and the question for the first time, upon the sufficiency of the approval of the special grounds of the amended motion for a new trial, is raised here by the State. Since the passage of the act of 1911 (Ga. L. 1911, p. 149, Park’s Penal Code,-§ 1090 (a)), “ where the judge has finally passed on the merits of a motion for a new trial and the parties have raised no…