Johnson v. State

1. Under repeated rulings of the Supreme Court and of this court, a special ground of a motion for a new trial disapproved by the trial court can not be considered by this court. Upon such an issue the trial judge is the trior, and his decision will not be controlled unless manifestly abused. In the instant case the court disapproved a ground of the motion for a new trial complaining of the court’s failure to charge the law of alibi. The judge disapproved the ground for the reason that the charge was not taken down by the stenographer nor reduced to writing, and that he, after a considerable…