Felder v. State

On Rehearing.

Counsel for appellant is mistaken in insisting that the act approved September 18, 1915 (Acts 1915, p. 598), now section 9459 of the Code 1923, applies to motions for a new trial. Innumerable decisions of the appellate courts of this state, with which it is evident that counsel for appellant is not familiar, hold directly to the contrary. Mere reference to some of these decisions is deemed sufficient answer to the application for rehearing filed in this case. Britton v. State, 15 Ala. App. 584, 74 So. 721; King v. State, 16 Ala. App. 103 (8 head note), 75 So. 692; Ross v. State,…