Duke v. State

79 S.E. 861, 13 Ga. App. 708, 1913 Ga. App. LEXIS 335

• Court: Court of Appeals of Georgia
• Decided: October 29, 1913
• Docket: 5221
• Status: Published

Opinion

Eussell, J.

1. It not appearing that the original records had been lost or destroyed or were otherwise inaccessible, it was error to permit parol proof of the contents of the defendant’s plea in a civil case, and likewise error to permit a witness to state the judgment rendered in the proceedings. A plea of minority on the part of a defendant must necessarily have been in writing, and the announcement of a justice of the peace, in open court, that he will render judgment in a particular way is brutum fulmén until the judgment is actually entered upon the docket. Nashville, Chattanooga & St. Louis Ry. v. Brown, 3 Ga. App. 561 (1 b) (60 S. E. 319).

Decided October 29, 1913.

Accusation of cheating and swindling; from city court of Jackson — Judge Fletcher. September 3, 1913.

J. T. Moore, for plaintiff in error. G. L. Redman, solicitor, contra.

2. Objections to the form of a criminal accusation can not be considered upon assignments of error presented as grounds of a motion for a new trial. Mayor &c. of Dublin v. Dudley, 2 Ga. App. 763 (59 S. E. 84).

Judgment reversed.