Mason v. State

1. Under the “practice act” of 1911 (Acts 1911, p. 149, sec. 3), the fact that there was no formal approval of the grounds of the amendment to the motion for a new trial (the only entry thereon being “allowed and ordered filed”) will not withdraw such an amendment from the consideration of the reviewing court, or prevent this court from determining the merits of the amendment, unless the point was first raised and insisted on before the trial judge. As it does not appear in this case that any question as to the approval of the grounds of the amendment to the motion was raised before the trial…