Beck v. State

Court of Appeals of Georgia

Beck v. State

36 S.E.2d 826, 73 Ga. App. 425, 1946 Ga. App. LEXIS 320

CourtCourt of Appeals of Georgia

DecidedFebruary 2, 1946

Docket31149.

StatusPublished

This text of 36 S.E.2d 826 (Beck 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.

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Beck v. State, 36 S.E.2d 826, 73 Ga. App. 425, 1946 Ga. App. LEXIS 320 (Ga. Ct. App. 1946).

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Opinion

Gardner, J.

This defendant was convicted of burglary. There were three involved in the crime. The two accomplices testified against the defendant. Their testimony is the basis of the conviction. There is but one question argued here. This is: That since the. two accomplices-were proved to have been previously convicted of felonies involving moral turpitude, and were at the time of the commission of the offense for which the defendant was convicted escapees from the penitentiary, this court ought, for these reasons, to reverse the case. We do not conceive that we have such authority in this court. That one accomplice may corroborate another accomplice and thereby furnish testimony sufficient to convict a third accomplice,- is conceded by counsel for the plaintiff in error. Chambers v. State, 68 Ga. App. 338, 341 (23 S. E. 2d, 545), and cit. The fact that the witnesses had committed other offenses involving moral turpitude prior to the one involved in the instant case went to their credibility. What credit shall be given to the testimony of any witness is exclusively for the jury. The trial judge, on a motion for new trial, may, in his discretion, disturb a jury finding; but here he did not see fit to do so. This court has no such authority. When the judge overruled the motion for new trial, he approved the verdict; and the judge having done so, this court, in these circumstances, is without authority to disturb the verdict on this or any other ground of error assigned.

Judgment affirmed.

Broyles O. J., and MacIntyre, J., concur. *426 James E. Dodgen, for plaintiff in error. E. E. Andrews, solicitor-general, Paul Webb, Durwood T. Pye, contra.

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Gardner, J.

This defendant was convicted of burglary. There were three involved in the crime. The two accomplices testified against the defendant. Their testimony is the basis of the conviction. There is but one question argued here. This is: That since the. two accomplices-were proved to have been previously convicted of felonies involving moral turpitude, and were at the time of the commission of the offense for which the defendant was convicted escapees from the penitentiary, this court ought, for these reasons, to reverse the case. We do not conceive that we have such authority in this court. That one accomplice may corroborate another accomplice and thereby furnish testimony sufficient to convict a third accomplice,- is conceded by counsel for the plaintiff in error. Chambers v. State, 68 Ga. App. 338, 341 (23 S. E. 2d, 545), and cit. The fact that the witnesses had committed other offenses involving moral turpitude prior to the one involved in the instant case went to their credibility. What credit shall be given to the testimony of any witness is exclusively for the jury. The trial judge, on a motion for new trial, may, in his discretion, disturb a jury finding; but here he did not see fit to do so. This court has no such authority. When the judge overruled the motion for new trial, he approved the verdict; and the judge having done so, this court, in these circumstances, is without authority to disturb the verdict on this or any other ground of error assigned.

Judgment affirmed.

Broyles O. J., and MacIntyre, J., concur. *426 James E. Dodgen, for plaintiff in error. E. E. Andrews, solicitor-general, Paul Webb, Durwood T. Pye, contra.

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36 S.E.2d 826, 73 Ga. App. 425, 1946 Ga. App. LEXIS 320, Counsel Stack Legal Research, https://law.counselstack.com/opinion/beck-v-state-gactapp-1946.

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