Cronic v. State

Court of Appeals of Georgia

Cronic v. State

150 S.E. 429, 40 Ga. App. 444, 1929 Ga. App. LEXIS 189

CourtCourt of Appeals of Georgia

DecidedOctober 8, 1929

Docket19899

StatusPublished

Cited by3 cases

This text of 150 S.E. 429 (Cronic 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

Cronic v. State, 150 S.E. 429, 40 Ga. App. 444, 1929 Ga. App. LEXIS 189 (Ga. Ct. App. 1929).

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Opinions

Per Curiam.

Jim Cronic was convicted under an indictment charging him and three other persons with larceny from the house, of articles worth less than $50. He excepted to the overruling of his motion for a new trial, based upon the general grounds and nine special grounds.

It being peculiarly within the province of the jury to pass upon the credibility of witnesses, and there being evidence that the defendant participated in the alleged theft, this court can not hold that the trial judge erred in overruling the general grounds of the motion for a new trial. See companion case of Allen v. State, 39 Ga. App. 642 (148 S. E. 167).

The first special ground of the motion for a new trial is not unqualifiedly approved by the trial judge, and therefore can not be considered by this court. Goolsby v. State, 35 Ga. App. 167 (2 a) (132 S. E. 245); Brazil v. LaGrange, 37 Ga. App. 500 (3) (140 S. E. 782).

The other special grounds of the motion for a new trial disclose no error requiring a reversal.

Judgment affirmed.

Broyles, O. J., and, Bloodworth, J., concur. Luke, J., dissents.

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