710, 11 L.Ed.2d 686, is therefore not properly before us, must be rejected since both the trial court on motion for new trial and the state appellate court considered and passed upon the constitutional question as though properly raised.
On July 5 , 1933 the trial court overruled a motion for new trial.
On March 18 , 1933 several months prior to the action of the trial court on the motion for new trial, the state supreme court had decided Carr v. State, 176 Ga.
Four defendants, who have been in a military prison here for most of that time, will be brought in shackles into a highly secure courtroom while their lawyers argue over preliminary motions for trials that will probably not begin for several months.
The trial court refused to grant the motion for new trial on the issue of damages.
In addition, petitioners' 'Supplement To Motion For New Trial' alleged nine further grounds for a new trial, only one of which (the overruling of their challenge to the indicting grand jury array) is pressed here.
22. Accordingly, he denied the motion for new trial.
Defense lawyers have cited the letter, along with other evidence they say was withheld, in a motion for another trial.
Furthermore, the motion for new trial, as set forth in the record, urged no such ground as error.
Over 50 MPs have backed his early day motion for a trial to be conducted in the top two tiers.
Rule III provides that an appeal shall be taken within five days after entry of judgment of conviction or of an order denying a motion for new trial.
