86 So. 120 | Ala. Ct. App. | 1920
Lead Opinion
After a careful examination of the entire record in this case, the testimony as shown by the bill of exceptions, this court is of the opinion that the trial court erred in refusing to grant to the defendant a new trial as prayed in his motion.
For this error, the judgment is reversed, and the cause is remanded.
Reversed and remanded.
However, upon a careful consideration of the evidence in this case, we are of the opinion that the affirmative charge should have been given for the defendant, and therefore the application for rehearing is overruled.
Application overruled.
Lead Opinion
After a careful examination of the entire record in this case, the testimony as shown by the bill of exceptions, this court is of the opinion (that the trial court erred in refusing to grant to the defendant a new trial as prayed in his motion.
For this error, the judgment is reversed, and the cause is remanded.
Reversed and remanded.
Rehearing
On Rehearing.
Application overruled.