Wilder v. State

Grice, Justice.

The soundness of the following propositions has been established by the former decisions of this court. In this State the duty rests upon the trial judge, in passing on a motion for new trial, to exercise his discretion in granting or refusing the motion. Unless when such a motion is presented he approves the verdict, he should grant a new trial. If in ruling thereon his order, without more, recites that the new trial is refused or denied, this will be taken to mean that he has in the exercise of his discretion approved the verdict. If in the order refusing to grant a new…