Whittington v. State

1. This court can not consider a ground of a motion for a new . trial complaining of the refusal to rule out evidence, when such evidence is not set out literally or in substance.

2. Whether the sentence imposed upon one convicted of crime is excessive is a question which can not be made by motion for a new trial.

Submitted. October 19, — Decided November 11, 1904. Accusation of fornication. Before Judge Hodges. City court of Macon. September 10, 1904. Herman Brasch and John R. Cooper, for plaintiff in error. William Brunson, solicitor-general, contra.

3. Where a mail is convicted of having…