Bramlett v. State

Court of Appeals of Georgia

Bramlett v. State

88 S.E.2d 50, 92 Ga. App. 103, 1955 Ga. App. LEXIS 533

CourtCourt of Appeals of Georgia

DecidedMay 31, 1955

Docket35619

StatusPublished

This text of 88 S.E.2d 50 (Bramlett 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

Bramlett v. State, 88 S.E.2d 50, 92 Ga. App. 103, 1955 Ga. App. LEXIS 533 (Ga. Ct. App. 1955).

Pincite

Opinion

Gardner, P. J.

On an indictment charging assault with intent to murder, the defendant was convicted of stabbing one Elbert Flood. He filed a motion for new trial on the general grounds only. The court denied the motion, and the defendant assigns error thereon.

The jury were authorized to find from direct evidence that the defendant and his brother engaged in a difficulty with Elbert Flood; that the defendant cut Elbert Flood across the nose with a pocket knife; and the brother of the defendant stabbed Elbert Flood in the back. So far as the evidence goes, the jury were authorized beyond question to find the defendant guilty of stabbing.

Counsel for the defendant contends that the State failed to prove that the crime was committed in Chattooga County. He endeavors to raise this question along with the general grounds. This is not permissible under the law. See Code § 6-1609. This question must be raised in a special ground. See also Palmer v. State, 19 Ga. App. 752 (1) (92 S. E. 233), and Smith v. State, 79 Ga. App. 595, 599 (54 S. E. 2d 378). It follows that the judgment must be

Affirmed.

Townsend, and Carlisle, JJ., concur.

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