Andrews v. State

Court of Appeals of Georgia

Andrews v. State

94 S.E. 583, 21 Ga. App. 498, 1917 Ga. App. LEXIS 658

CourtCourt of Appeals of Georgia

DecidedDecember 19, 1917

Docket9218

StatusPublished

Cited by3 cases

This text of 94 S.E. 583 (Andrews 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

Andrews v. State, 94 S.E. 583, 21 Ga. App. 498, 1917 Ga. App. LEXIS 658 (Ga. Ct. App. 1917).

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Opinion

Bloodworth, J.

1. Where a motion for new trial was set for a hearing on a designated day in vacation, and counsel for both the defendant and the State appeared on that day, and, “after hearing from counsel for the State and movant, the court took the matter under consideration and stated that he would allow counsel for both' sides to file briefs,” the trial judge had the right to reserve his decision and to render and announce it at a later date in vacation (Central Railroad &c. Co. v. Farley, 89 Ca. 180, 15 S. E. 34; Dickerson v. Mann, 69 Ga. 729 (4)); and the fact that he may not have had jurisdiction to pass upon certain other questions at the time can not affect this right.

2. There was no error in allowing the brief of evidence to be amended. “The trial judge may amend a brief of evidence so as to make it speak the truth, even after it has been agreed upon by counsel, approved by the court, and filed.” Elkins v. Roberson, 103 Ga. 558 (29 S. E. 755); Price v. Bell, 88 Ga. 740 (5), 743 (15 S. E. 810).

Judgment affirmed.

Broyles, P. J., and Earwell, J., concur.

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Bloodworth, J.

1. Where a motion for new trial was set for a hearing on a designated day in vacation, and counsel for both the defendant and the State appeared on that day, and, “after hearing from counsel for the State and movant, the court took the matter under consideration and stated that he would allow counsel for both' sides to file briefs,” the trial judge had the right to reserve his decision and to render and announce it at a later date in vacation (Central Railroad &c. Co. v. Farley, 89 Ca. 180, 15 S. E. 34; Dickerson v. Mann, 69 Ga. 729 (4)); and the fact that he may not have had jurisdiction to pass upon certain other questions at the time can not affect this right.

2. There was no error in allowing the brief of evidence to be amended. “The trial judge may amend a brief of evidence so as to make it speak the truth, even after it has been agreed upon by counsel, approved by the court, and filed.” Elkins v. Roberson, 103 Ga. 558 (29 S. E. 755); Price v. Bell, 88 Ga. 740 (5), 743 (15 S. E. 810).

Judgment affirmed.

Broyles, P. J., and Earwell, J., concur.

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Bluebook (online)

94 S.E. 583, 21 Ga. App. 498, 1917 Ga. App. LEXIS 658, Counsel Stack Legal Research, https://law.counselstack.com/opinion/andrews-v-state-gactapp-1917.

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