Etheridge v. State

Court of Appeals of Georgia

Etheridge v. State

159 S.E. 747, 43 Ga. App. 579, 1931 Ga. App. LEXIS 468

CourtCourt of Appeals of Georgia

DecidedJuly 15, 1931

Docket21504

StatusPublished

Cited by1 cases

This text of 159 S.E. 747 (Etheridge 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

Etheridge v. State, 159 S.E. 747, 43 Ga. App. 579, 1931 Ga. App. LEXIS 468 (Ga. Ct. App. 1931).

Pincite

Opinion

Beoyles, C. J.

1. The affidavit of a juror can not be taken to impeach his verdict. Civil Code (1910), § 5933; Tolbirt v. State, 124 Ga. 767, 770 (53 S. E. 327) ; Stanley v. State, 25 Ga. App. 461 (103 S. E. 689). In the instant case-a ground of the motion for a new trial was based solely upon an affidavit of a juror alleging that during the trial one W. J. Clack said to the juror that the defendant “ought to be in the chain gang.” The court properly overruled the ground.

2. The verdict was amply authorized by the evidence, and the refusal to grant a new trial was not error.

Judgment affirmed.

Lulce, J., concurs. Bloodworfh, J., absent on account of illness.

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