Ex Parte Thomas

Petition for writ of cer-tiorari to the Court of Appeals in the case of Thomas v. State, 93 South. 237.

The motion for new trial was based upon the insistence that the verdict was contrary t(j the evidence, and that the proof was insufficient to support the verdict. As to this motion the bill of exceptions shows no exception to any ruling thereon, nor does-it contain any reference thereto, and was properly not considered (Powell v. Folmar [Ala. Sup.] 78 South. 47); 1 but no necessity arose in this case for the introduction of evidence upon motion for new trial, or that the bill of exceptions…