Betts v. State

Supreme Court of Georgia

Betts v. State

128 S.E. 436, 160 Ga. 465, 1925 Ga. LEXIS 183

CourtSupreme Court of Georgia

DecidedJune 10, 1925

DocketNo. 4704

StatusPublished

This text of 128 S.E. 436 (Betts v. State) is published on Counsel Stack Legal Research, covering Supreme Court of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Betts v. State, 128 S.E. 436, 160 Ga. 465, 1925 Ga. LEXIS 183 (Ga. 1925).

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Opinion

Hill, J.

This is the second appearance of this case in the Supreme Court. Betts v. State, 157 Ga. 844 (122 S. E. 551). There is no assignment of error on any ruling of law made by the court during the progress of the trial. Error is assigned only in the usual general grounds of the motion for new trial. While the evidence would have authorized the jury to return a verdict of voluntary manslaughter against the accused, and while only one witness for the State testified positively that the defendant stabbed the deceased without provocation and without any assault having been made upon him by the deceased, yet we can not say that the verdict returned by the jury, finding the defendant [466]*466guilty of murder with a recommendation, is without evidence to support it.

No. 4704. June 10, 1925. Lester C. Diclcson, for plaintiff in error. George M. Napier, attorney-general, Claude C. Smith, solicitor-general, and T. B. Gress, assistant attorney-general, contra.

Judgment affirmed.

All the Justices concur, except Gilbert, J., absent for providential cause.

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Hill, J.

This is the second appearance of this case in the Supreme Court. Betts v. State, 157 Ga. 844 (122 S. E. 551). There is no assignment of error on any ruling of law made by the court during the progress of the trial. Error is assigned only in the usual general grounds of the motion for new trial. While the evidence would have authorized the jury to return a verdict of voluntary manslaughter against the accused, and while only one witness for the State testified positively that the defendant stabbed the deceased without provocation and without any assault having been made upon him by the deceased, yet we can not say that the verdict returned by the jury, finding the defendant [466]*466guilty of murder with a recommendation, is without evidence to support it.

No. 4704. June 10, 1925. Lester C. Diclcson, for plaintiff in error. George M. Napier, attorney-general, Claude C. Smith, solicitor-general, and T. B. Gress, assistant attorney-general, contra.

Judgment affirmed.

All the Justices concur, except Gilbert, J., absent for providential cause.

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128 S.E. 436, 160 Ga. 465, 1925 Ga. LEXIS 183, Counsel Stack Legal Research, https://law.counselstack.com/opinion/betts-v-state-ga-1925.

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