Howington v. State

(After stating the foregoing facts.)

The amendment to the motion for a new trial was not specifically approved by the trial court, but was simply allowed and ordered filed. No point was made in the trial court as to the sufficiency of the approval of these special grounds by the trial judge, and he passed generally on the motion as amended. It is the duty of the appellate court to consider the special grounds, under these circumstances, as if approved by the trial court. See Price v. State, 170 Ga. 294 (152 S. E. 572); Nix v. Nix, 55 Ga. App. 776 (191 S. E. 381).

The first four grounds of the…