Banister v. State

Court of Appeals of Georgia

Banister v. State

74 S.E. 444, 11 Ga. App. 15, 1912 Ga. App. LEXIS 236

CourtCourt of Appeals of Georgia

DecidedApril 2, 1912

Docket4012

StatusPublished

This text of 74 S.E. 444 (Banister 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

Banister v. State, 74 S.E. 444, 11 Ga. App. 15, 1912 Ga. App. LEXIS 236 (Ga. Ct. App. 1912).

Pincite

Opinion

Pottle, J.

1. A ground of a motion for a new trial, complaining of tlie admission of testimony, which fails to set out either literally or in substance the testimony objected to, presents no question for decision by the reviewing court. '

2. The fact that evidence may have been obtained by an invasion of the constitutional rights of the accused can not be taken advantage of by a general assignment of error, that the verdict is contrary to the evidence. If such evidence be admitted without objection, and be otherwise sufficient to convict, the verdict will not be set aside on account of the manner in which the evidence was obtained.

Judgment affirmed.

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Pottle, J.

1. A ground of a motion for a new trial, complaining of tlie admission of testimony, which fails to set out either literally or in substance the testimony objected to, presents no question for decision by the reviewing court. '

2. The fact that evidence may have been obtained by an invasion of the constitutional rights of the accused can not be taken advantage of by a general assignment of error, that the verdict is contrary to the evidence. If such evidence be admitted without objection, and be otherwise sufficient to convict, the verdict will not be set aside on account of the manner in which the evidence was obtained.

Judgment affirmed.

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Bluebook (online)

74 S.E. 444, 11 Ga. App. 15, 1912 Ga. App. LEXIS 236, Counsel Stack Legal Research, https://law.counselstack.com/opinion/banister-v-state-gactapp-1912.