Folmar v. State
| Decision Date | 27 March 1928 |
| Docket Number | 4 Div. 370 |
| Parties | FOLMAR v. STATE. |
| Court | Alabama Supreme Court |
Rehearing Denied April 12, 1928
Certiorari to Court of Appeals.
Rodgers Folmar was convicted of violating the Prohibition Law and appealed to the Court of Appeals. The judgment of conviction being there affirmed, defendant applies to the Supreme Court for certiorari to the Court of Appeals to review and revise said judgment and decision (116 So. 110). Writ denied.
Charlie C. McCall, Atty. Gen., for the State.
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 the 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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Fuller v. State
...286, 26 So.2d 274, certiorari denied 248 Ala. 73, 26 So.2d 278; Folmar v. State, 22 Ala.App. 317, 116 So. 110, certiorari denied 217 Ala. 410, 116 So. 112; 39 Am.Jur., New Trial, § 158, p. In other jurisdictions where this question has been presented, it has been treated, more or less, unde......
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Tillison v. State, 6 Div. 473.
... ... point, as we only review the Court of Appeals upon questions ... decided and do not make an original examination of the record ... of the proceedings in the circuit court to determine if such ... record shows error apart from the principles stated by the ... Court of Appeals. Folmar v. State, 217 Ala. 410, 116 ... So. 112; Skipper v. State, 220 Ala. 78, 124 So. 118 ... It is ... the contention of defendant that the statements alleged to ... have been made by him, as set out in the opinion of the Court ... of Appeals, were improperly admitted in evidence in that ... ...
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Huddleston v. State
...material and competent; and not merely impeaching or cumulative. Folmar v. State, 22 Ala.App. 317, 116 So. 110, certiorari denied 217 Ala. 410, 116 So. 112; Williams v. State, 245 Ala. 32, 15 So.2d We are of the opinion that the newly discovered evidence presented by this affidavit is not s......
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Tortomasi v. State
... ... not here for consideration under the limited review of this ... Court of the decisions of the Court of Appeals. Some of the ... decided cases are noted in Tennessee A. & G. R. v ... Cardon, 235 Ala. 53, 177 So. 173, among them Folmar ... v. State, 217 Ala. 410, 116 So. 112 ... Among ... the earlier cases is Ex parte Louisville & Nashville R. R ... Co., 176 Ala. 631, 58 So. 315, 317, wherein it was first ... observed that it was not the legislative intent the Court of ... Appeals "should be made merely a ... ...