Bean v. State

Court of Appeals of Georgia

Bean v. State

114 S.E. 915, 29 Ga. App. 260, 1922 Ga. App. LEXIS 219

CourtCourt of Appeals of Georgia

DecidedDecember 12, 1922

Docket13751

StatusPublished

Cited by3 cases

This text of 114 S.E. 915 (Bean 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

Bean v. State, 114 S.E. 915, 29 Ga. App. 260, 1922 Ga. App. LEXIS 219 (Ga. Ct. App. 1922).

Pincite

Opinion

Luke, J.

1. In the state of the record (the ground of the motion for a new trial based upon the refusal to continue the case being very meager and no exhibit being attached thereto) this court cannot say that the trial judge abused his discretion in overruling the defendant’s motion for a continuance of the case.

2. The 2d ground of the amendment to the motion for a new trial, complaining of the admission of certain oral testimony, cannot be considered, since the name of the witness whose testimony was admitted is not given, and it is not stated what objection was made to the testimony at the time it was offered. The 3d and 4th grounds are subject to the same infirmities as the 2d ground, and are not unqualifiedly approved by the court.

[261]*261Decided December 12, 1922. Hugh E. Gombs, for plaintiff in error. M. L. Felts, solicitor-general, contra.

3. When considered in connection with the remainder of the charge of the court, the excerpt complained of shows no error.

4. The verdict was authorized by the evidence.

Judgment affirmed.

Broyles, O. J., and Bloodworth, J., concur.

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Luke, J.

1. In the state of the record (the ground of the motion for a new trial based upon the refusal to continue the case being very meager and no exhibit being attached thereto) this court cannot say that the trial judge abused his discretion in overruling the defendant’s motion for a continuance of the case.

2. The 2d ground of the amendment to the motion for a new trial, complaining of the admission of certain oral testimony, cannot be considered, since the name of the witness whose testimony was admitted is not given, and it is not stated what objection was made to the testimony at the time it was offered. The 3d and 4th grounds are subject to the same infirmities as the 2d ground, and are not unqualifiedly approved by the court.

[261]*261Decided December 12, 1922. Hugh E. Gombs, for plaintiff in error. M. L. Felts, solicitor-general, contra.

3. When considered in connection with the remainder of the charge of the court, the excerpt complained of shows no error.

4. The verdict was authorized by the evidence.

Judgment affirmed.

Broyles, O. J., and Bloodworth, J., concur.

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Bluebook (online)

114 S.E. 915, 29 Ga. App. 260, 1922 Ga. App. LEXIS 219, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bean-v-state-gactapp-1922.

Opinion

4. The verdict was authorized by the evidence.

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