Folmar v. State
This text of 116 So. 112 (Folmar v. State) is published on Counsel Stack Legal Research, covering Supreme Court of Alabama primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
The Court of Appeals -held that the defendant did not bring himself within the rule so as to entitle him to a new trial because of newly discovered evidence, for thé reason that he did not allege or prove that said evidence was unknown to him at the time of the trial. This fact is, of course, essential, and the finding of same by the Court of Appeals will not be considered or disturbed by this court. Postal Telegraph Co. v. Minderhout, 195 Ala. 420, 71 So. 91.
The only other complaint against the holding of the Court of Appeals relates to a point which seems not to have been treated in the opinion of the said court. If the record presents point, it would, of course, be the duty of the Court of Appeals, under the statute, to consider same; but we only review said court upon questions decided, and not ones that are not treated.
The writ is denied.
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Cite This Page — Counsel Stack
116 So. 112, 217 Ala. 410, 1928 Ala. LEXIS 448, Counsel Stack Legal Research, https://law.counselstack.com/opinion/folmar-v-state-ala-1928.