Inman v. State

The decision of this case in this court must rest upon the provisions of section 6088 .of the Code 1923, which provides, in effect, that whenever a motion for new trial shall be refused in a criminal case, if the matter. is properly presented, the appellate court may grant a new trial, or correct any error-of the circuit court. The statute also contains the stipulation:

“And no presumption in favor of the correctness of the judgment of the court appealed from, shall be indulged by the appellate court.”, We regard the action of the court in denying the motion for a new trial, to which ruling…