Weems v. State

BROWN, Justice.

Before the amendment of § 2846 of the Code of 1907, by the Act of September 22, 1915 (Acts 1915, p. 722, § 1), a motion for new trial in criminal prosecutions was addressed to the trial court’s discretion, and was not reviewable on appeal. Suttles v. State, 15 Ala.App. 582, 74 So. 400; Burrage v. State, 113 Ala. 108, 21 So. 213; Cooper v. State, 88 Ala. 107, 7 So. 47; Smith v. State, 165 Ala. 50, 58, 51 So. 610, 611.

The statute as amended by said act was first applied on appeal in a criminal case, in Britton v. State, 15 Ala.App. 584, 74 So. 721, decided on March 23, 1917, by…