Home/Supreme Court of Georgia/Claughton v. State

Claughton v. State

175 S.E. 470, 179 Ga. 157, 1934 Ga. LEXIS 240
CourtSupreme Court of Georgia
DecidedJuly 11, 1934
DocketNos. 10221, 10222
StatusPublished
Cited by15 cases

This text of 175 S.E. 470 (Claughton 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
Claughton v. State, 175 S.E. 470, 179 Ga. 157, 1934 Ga. LEXIS 240 (Ga. 1934).

Opinion

Gilbert, J.

1. A motion to set aside a verdict and judgment is not an appropriate remedy in a criminal case. McDonald v. State, 126 Ga. 536 (55 S. E. 235); Brown v. State, 150 Ga. 585 (104 S. E. 428); Hughes v. State, 159 Ga. 818 (5) (127 S. E. 109); Gravitt v. State, 165 Ga. 779 (3) (142 S. E. 100).

2. A motion for new trial is an available remedy to the defendant for setting aside the verdict in a criminal case. The motions in these eases can not be construed as motions for new trials; but if such construction were possible, the motions would be fatally defective for the reason that no brief of evidence was approved, filed, and made part of the record. Civil Code (1910), §§ 6089, 6306.

3. The court did not err in overruling the motions.

Judgments ajJU-med.

All the Justices concur.

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Bluebook (online)
175 S.E. 470, 179 Ga. 157, 1934 Ga. LEXIS 240, Counsel Stack Legal Research, https://law.counselstack.com/opinion/claughton-v-state-ga-1934.