Johnson v. State

Citations

• 53 Fla. 42

Syllabus

<p>APPELLATE PRACTICE — MOTION FOR NEW TRIAL MTJST BE EXHIBITED' BY BILL OF EXCEPTIONS — SUFFICIENCY OF EVIDENCE TO SUPPORT VERDICT CAN BE CONSIDERED BY APPELLATE COURT ONLY ON REVIEW OF ORDER DENYING MOTION FOR NEW TRIAL.</p> <p>1. In the absence of a motion for new trial, including the ground that the verdict is contrary to the evidence or not supported thereby, duly ruled upon by the trial judge, and such ruling duly excepted to, an appellate court cannot consider or adjudicate the question of the sufficiency of the evidence to sustain a verdict.</p> <p>2. A motion for new trial forms no part of the record proper^ in a transcript of record brought up for appellate review, but must be evidenced to an appellate court by bill of exceptions, and when not so evidenced cannot he considered by such court.</p>