Close v. State

Court of Appeals of Georgia

Close v. State

28 S.E.2d 672, 70 Ga. App. 498, 1944 Ga. App. LEXIS 13

CourtCourt of Appeals of Georgia

DecidedJanuary 7, 1944

Docket30239.

StatusPublished

Cited by1 cases

This text of 28 S.E.2d 672 (Close 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

Close v. State, 28 S.E.2d 672, 70 Ga. App. 498, 1944 Ga. App. LEXIS 13 (Ga. Ct. App. 1944).

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Opinion

MacIntyre, J.

1. Where a motion for new trial contains only the general grounds, and the record discloses that the evidence for the State, if credible, was sufficient to support the verdict, the jury being the judges of the weight of the evidence, this court can not disturb the judgment of the trial court. Puckett v. State, 159 Ga. 230 (125 S. E. 208); Hudgins v. State, 2 Ga. 173 (5). “The law allows him [the trial judge] to refuse or grant new trials in the exercise of a legal discretion, but it does not give this court any discretion in the matter. It can only grant new trials when errors of law have been committed, or when the trial judge has abused his ■ discretion in refusing a new trial.” Smith v. State, 91 Ga. 188 (17 S. E. 68).

2. The judge having approved the verdict, we can not say that he abused his discretion in overruling the motion for new trial.

Judgment affirmed.

Broyles, O. J., and Gardner, J., concur.

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MacIntyre, J.

1. Where a motion for new trial contains only the general grounds, and the record discloses that the evidence for the State, if credible, was sufficient to support the verdict, the jury being the judges of the weight of the evidence, this court can not disturb the judgment of the trial court. Puckett v. State, 159 Ga. 230 (125 S. E. 208); Hudgins v. State, 2 Ga. 173 (5). “The law allows him [the trial judge] to refuse or grant new trials in the exercise of a legal discretion, but it does not give this court any discretion in the matter. It can only grant new trials when errors of law have been committed, or when the trial judge has abused his ■ discretion in refusing a new trial.” Smith v. State, 91 Ga. 188 (17 S. E. 68).

2. The judge having approved the verdict, we can not say that he abused his discretion in overruling the motion for new trial.

Judgment affirmed.

Broyles, O. J., and Gardner, J., concur.

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Bluebook (online)

28 S.E.2d 672, 70 Ga. App. 498, 1944 Ga. App. LEXIS 13, Counsel Stack Legal Research, https://law.counselstack.com/opinion/close-v-state-gactapp-1944.

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