Amoson v. State

Court of Appeals of Georgia

Amoson v. State

70 Ga. App. 96

CourtCourt of Appeals of Georgia

DecidedOctober 28, 1943

Docket30243

StatusPublished

This text of 70 Ga. App. 96 (Amoson v. State) is published on Counsel Stack Legal Research, covering Court of Appeals of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Amoson v. State, 70 Ga. App. 96 (Ga. Ct. App. 1943).

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Opinion

Gardner, J.

The defendant expressly abandons the assignment of error on the general grounds, and asks for a reversal on the special ground only. The evidence for the State, taken in connection with the defendant’s statement to the jury, shows that the guilt of the accused was “clearly and convincingly proved.” It appears from the record that the verdict was almost if not entirely demanded. Certainly the evidence reveals that the case was not close or doubtful. Under such a state of facts the court did not err in omitting, without a request, to charge as contended. Toler v. State, 107 Ga. 682 (33 S. E. 629). In Pierce v. State, 41 Ga. App. 498 (153 S. E. 434), this court held: “When this is true, it is immaterial what the judge charged or failed to charge the jury. See Cherry v. State, 38 Ga. App. 388 (2) (144 S. E. 50).” The court did not err in refusing a new trial.

Judgment affirmed.

Broyles, C. J., and MacIntyre, J., concur.

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Gardner, J.

The defendant expressly abandons the assignment of error on the general grounds, and asks for a reversal on the special ground only. The evidence for the State, taken in connection with the defendant’s statement to the jury, shows that the guilt of the accused was “clearly and convincingly proved.” It appears from the record that the verdict was almost if not entirely demanded. Certainly the evidence reveals that the case was not close or doubtful. Under such a state of facts the court did not err in omitting, without a request, to charge as contended. Toler v. State, 107 Ga. 682 (33 S. E. 629). In Pierce v. State, 41 Ga. App. 498 (153 S. E. 434), this court held: “When this is true, it is immaterial what the judge charged or failed to charge the jury. See Cherry v. State, 38 Ga. App. 388 (2) (144 S. E. 50).” The court did not err in refusing a new trial.

Judgment affirmed.

Broyles, C. J., and MacIntyre, J., concur.

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70 Ga. App. 96, Counsel Stack Legal Research, https://law.counselstack.com/opinion/amoson-v-state-gactapp-1943.

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