Tortomasi v. State

The questions argued by petitioner were not separately treated or discussed in the opinion of the Court of Appeals, and are not here for consideration under the limited review of this Court of the decisions of the Court of Appeals. Some of the decided cases are noted in Tennessee A. & G. R. v. Cardon, 235 Ala. 53, 177 So. 173, among them Folmar v. State, 217 Ala. 410, 116 So. 112.

Among the earlier cases is Ex parte Louisville & Nashville R. R. Co., 176 Ala. 631, 58 So. 315, 317, wherein it was first observed that it was not the legislative intent the Court of Appeals “should be made merely a…