Wilson v. State

ON MOTION FOR REHEARING.

LATTIMORE, Judge.

When the order and judgment overruling a motion for new trial recites that the court heard evidence, and such evidence is not preserved or here presented by statement of facts or bill of exceptions properly filed during term time, this court uniformly holds to the theory that the action of the trial court was correct. If the appellant be not satisfied that such evidence supports the conclusion reached by the lower court, he should bring it either by statement of facts or bill of exceptions filed during term time, before the appellate court for review.…