Daniel v. State

Court of Appeals of Georgia

Daniel v. State

101 S.E. 812, 24 Ga. App. 557, 1919 Ga. App. LEXIS 927

CourtCourt of Appeals of Georgia

DecidedDecember 9, 1919

Docket10988

StatusPublished

Cited by7 cases

This text of 101 S.E. 812 (Daniel 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

Daniel v. State, 101 S.E. 812, 24 Ga. App. 557, 1919 Ga. App. LEXIS 927 (Ga. Ct. App. 1919).

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Opinion

Broyles, C. J.

1. The court properly overruled the demurrer to the indictment. See, in this connection, Blackmon v. State, 24 Ga. App. 384 (100 S. E. 730).

2. Conceding, but not deciding, that the court erred in refusing to charge section 1062 of the Penal Code of 1910, and in failing to instruct the jury that if they found the defendant guilty of burglary they had a right to recommend that he be punished as for a misdemeanor, this error was evidently harmless, since the jury in their verdict (under the indeterminate sentence act approved August 18, 1919, Ga. L. 1919, p. 387), fixed the minimum punishment of the defendant at ten years in the penitentiary when they could have fixed it at one year only. This verdict clearly shows that even if the requested charge had been given, the jury would not have recommended a misdemeanor punishment for the defendant.

3. The other special grounds of the motion for a new trial are not argued in the brief of counsel for the plaintiff in error, and are treated as abandoned.

4. The verdict amply authorized, if it did not demand, the defendant’s conviction of the offense charged, and the court did not err in denying a new trial.

Judgment affirmed.

Luke and Bloodworth, JJ., concur.

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Broyles, C. J.

1. The court properly overruled the demurrer to the indictment. See, in this connection, Blackmon v. State, 24 Ga. App. 384 (100 S. E. 730).

2. Conceding, but not deciding, that the court erred in refusing to charge section 1062 of the Penal Code of 1910, and in failing to instruct the jury that if they found the defendant guilty of burglary they had a right to recommend that he be punished as for a misdemeanor, this error was evidently harmless, since the jury in their verdict (under the indeterminate sentence act approved August 18, 1919, Ga. L. 1919, p. 387), fixed the minimum punishment of the defendant at ten years in the penitentiary when they could have fixed it at one year only. This verdict clearly shows that even if the requested charge had been given, the jury would not have recommended a misdemeanor punishment for the defendant.

3. The other special grounds of the motion for a new trial are not argued in the brief of counsel for the plaintiff in error, and are treated as abandoned.

4. The verdict amply authorized, if it did not demand, the defendant’s conviction of the offense charged, and the court did not err in denying a new trial.

Judgment affirmed.

Luke and Bloodworth, JJ., concur.

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Bluebook (online)

101 S.E. 812, 24 Ga. App. 557, 1919 Ga. App. LEXIS 927, Counsel Stack Legal Research, https://law.counselstack.com/opinion/daniel-v-state-gactapp-1919.

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