TOWNSEND, Judge.
1. Code (Ann.) § 70-301.1 provides in part as follows: "A brief of evidence shall not be required to be filed with any motion for new trial where the assignments of error made in the motion for new trial, or the amended motion for new trial, do not require the consideration by the court of the evidence in said case . . . [and the court] shall only be required to pass upon all questions of law made which do not require a consideration of the evidence...
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