Crawford v. State

Court of Appeals of Georgia

Crawford v. State

90 S.E. 1043, 19 Ga. App. 97, 1916 Ga. App. LEXIS 62

CourtCourt of Appeals of Georgia

DecidedDecember 21, 1916

Docket7637

StatusPublished

Cited by2 cases

This text of 90 S.E. 1043 (Crawford 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

Crawford v. State, 90 S.E. 1043, 19 Ga. App. 97, 1916 Ga. App. LEXIS 62 (Ga. Ct. App. 1916).

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Opinion

Bboyles, J.

1. Where error is assigned upon various excerpts from the charge of the court, and upon the failure of the court to give certain instructions to the jury, and it is not shown that the alleged errors in the “excerpts” were not cured in other "portions of the charge, or that the principle of law which the court failed to give was not substantially covered by the charge given, and the entire charge is not brought up, this court is unable to determine whether the trial judge erred in these particulars; and where it does not appear, from the bill of exceptions or from the record brought up, that the charge of the court was reduced to writing, or was of file in the office of the clerk of the court below (Penal Code, §§ 1056, 1057), this court will not order it sent up under section 6149 (4) of the Civil Code. Perdue v. State, 17 Ga. App. 299 (86 S. E. 661).

2. Under the facts of the case no error is shown in the admission of the [98]*98fi. fa. in evidence over the objection that the entry thereon "was too indefinite, the entry being: “I have this day levied the within fi. fa. on all the cotton and corn on J. J. Crawford’s place in B. D. Crawford’s possession. This 11th day of November, 1915. P. S. Sticher, L. C.”

Decided December 21, 1916.

Accusation of larceny; from city court of Carrollton—Judge Beall. May 30, 1916.

J. J. Reese, Smith & Smith, for plaintiff in error. G. R. Roof, solicitor, contra.

3. There was some evidence which authorized the verdict, and, it having been approved by the trial judge, this court is without authority to interfere. Judgment affirmed.

Wade, O. J., concurs.

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Bboyles, J.

1. Where error is assigned upon various excerpts from the charge of the court, and upon the failure of the court to give certain instructions to the jury, and it is not shown that the alleged errors in the “excerpts” were not cured in other "portions of the charge, or that the principle of law which the court failed to give was not substantially covered by the charge given, and the entire charge is not brought up, this court is unable to determine whether the trial judge erred in these particulars; and where it does not appear, from the bill of exceptions or from the record brought up, that the charge of the court was reduced to writing, or was of file in the office of the clerk of the court below (Penal Code, §§ 1056, 1057), this court will not order it sent up under section 6149 (4) of the Civil Code. Perdue v. State, 17 Ga. App. 299 (86 S. E. 661).

2. Under the facts of the case no error is shown in the admission of the [98]*98fi. fa. in evidence over the objection that the entry thereon "was too indefinite, the entry being: “I have this day levied the within fi. fa. on all the cotton and corn on J. J. Crawford’s place in B. D. Crawford’s possession. This 11th day of November, 1915. P. S. Sticher, L. C.”

Decided December 21, 1916.

Accusation of larceny; from city court of Carrollton—Judge Beall. May 30, 1916.

J. J. Reese, Smith & Smith, for plaintiff in error. G. R. Roof, solicitor, contra.

3. There was some evidence which authorized the verdict, and, it having been approved by the trial judge, this court is without authority to interfere. Judgment affirmed.

Wade, O. J., concurs.

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Bluebook (online)

90 S.E. 1043, 19 Ga. App. 97, 1916 Ga. App. LEXIS 62, Counsel Stack Legal Research, https://law.counselstack.com/opinion/crawford-v-state-gactapp-1916.

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