Butler v. State

No questions were raised in this case, until af*180ter the jury had returned a verdict of guilty. A motion was-made for a new trial, which was overruled; and to the ruling of the court refusing a new trial, the prisoner reserved exceptions. The rulings of this court, from its very origin, have been unbroken, that error can not be assigned on the refusal of a primary court to grant a new trial. This, we have held, is a matter resting in the sound discretion of the judge who hears the evidence, and presides over the trial.—Franklin v. The State, 29 Ala. 14; Tyree v. Parham, 66 Ala. 424; 2 Brick.…