In all cases of automatic appeals, the appellate court may consider, at its discretion, any testimony that was seriously prejudicial to the rights of the appellant and may reverse thereon, even though no objection was made thereto. The appellate court shall consider all of the testimony; and, if upon such consideration it is of opinion the verdict is so decidedly contrary to the great weight of the evidence as to be wrong and unjust and that upon that ground a new trial should be had, the court shall enter an order of reversal of the judgment and grant a new trial, though no motion to that effect was presented in the court below.
Structure Code of Alabama
Chapter 22 - Appellate Proceedings.
Division 7 - Disposition of Appeals.
Section 12-22-240 - Consideration of Cases by Court of Criminal Appeals Generally.
Section 12-22-242 - Reversal of Judgment.
Section 12-22-243 - Affirmation of Judgment in Capital Cases.
Section 12-22-245 - Effect of Undertaking When Conviction Reversed and Case Remanded.