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11 Ala. App. 35

Bolin v. State

Alabama Court of Appeals

Decided April 16, 1914

Alabama Court of Appeals · decided 1914-04-16

Heard before Hon. Thomas W. Wert. Lonise Bolin was convicted of manslaughter and she-appeals. The Supreme Court entertained and passed on motion for a new trial in a. criminal case in the case of Lowery v. State, 98 Ala. 45. The verdict should be set aside on account of the relationship of a juror. — Sowell v. Brewton, 119 Ala. 93. The preponderance of the evidence was decidedly against the verdict. — Bir. Nat. Bank v. Bradley, 116-Ala. 142.

Cited by 3 later decisions — most recently June 1923

3 state decisions

Relies on Hornsby v. State · Brister v. State · Walker v. State

Good law ✅— No negative treatment on recordhow we know

Affirmed · Decided 1914-04-16

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PELHAM, J.

¶1The defendant was indicted for murder in the first degree, and convicted of manslaughter in the first degree, and made a motion for a new trial, which was overruled by the court. Defendant insists here that we review that ruling of the trial court on this appeal. It is too well established in this state to require discussion that the action of the primary court on motions for a new trial in criminal cases is not revisable in the appellate courts. Franklin v. State, 29 Ala. 14; Brister v. State, 26 Ala. 107; Walker v. State, 91 Ala. 76, 9 South. 87; Cooper v. State, 88 Ala. 107, 7 South. 47; Burrage v. State, 113 Ala. 108; Dorsey v. State, 107 Ala. 157, 18 South. 199; Dawson v. State, 148 Ala. 672, 41 South. 803; Smith v. State, 165 Ala. 50, 51 South. 610; Mangrall v. State, 1 Ala. App. 189, 55 South. 446.

¶2The defendant was found guilty of manslaughter, and even if the charges given at the request of the state, numbered 1, 2, 3, and 4 in the transcript, defining murder, were incorrect, this would not be reversible error. Parnell v. State, 129 Ala. 6, 29 South. 860; Ward v. State, 153 Ala. 9, 45 South. 221; Horsby v. State, 94 Ala. 55, 10 South. 522, 526.

¶3We find no error in the record.

¶4Affirmed.

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