Will v. McCoy

As a preliminary matter it should be observed that the opinion and the journal of the Court of Appeals are not in agreement. According to the journal the judgment of the trial court was reversed upon the single ground of error in the charge; but the majority opinion includes the additional statement that the verdict is against the weight of the evidence. It is of course elemental that a court speaks through its journal. Consequently, when a court’s opinion and journal are in conflict, the latter controls and the former must be disregarded. Furthermore, in the instant case only two members of…