Everson v. State

Court of Appeals of Georgia

Everson v. State

140 S.E. 406, 37 Ga. App. 376, 1927 Ga. App. LEXIS 691

CourtCourt of Appeals of Georgia

DecidedNovember 16, 1927

Docket18383

StatusPublished

This text of 140 S.E. 406 (Everson 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

Everson v. State, 140 S.E. 406, 37 Ga. App. 376, 1927 Ga. App. LEXIS 691 (Ga. Ct. App. 1927).

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Opinion

. Bloodworth, J.

The verdict has the approval of the trial judge, and we can not say that there is no evidence to support it. In Rogers v. State, 101 Ga. 561 (28 S. E. 978), Justice Cobb said: “Applications for new trials on the ground that the verdict of the jury is contrary to evidence are addressed to a sound legal discretion to be exercised by the trial judges. When this discretion has been exercised .and the motion for a new trial overruled, this court will not interfere when there is any evidence which would justify the jury in reaching the conclusion which is set forth in the verdict. While in many cases we would probably not have [377]*377rendered the verdict returned, and, if we were authorized to pass upon the case as on appeal,' wnuld render here a different judgment, still under the established practice of this court as required by the law of the State, we can not overrule a trial judge, who, fresh from the atmosphere of the trial, sends to us a record in which he endorses the finding of the jury which tried the case in his presence. This is true even in cases where the evidence might be described as weak, unsatisfactory, and doubtful. The wisdom and discretion of the trial judge is sufficient for us to endorse his judgment in cases of this character.”

Judgment affirmed.

Broyles> C. J., and Luke, J., concur.

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. Bloodworth, J.

The verdict has the approval of the trial judge, and we can not say that there is no evidence to support it. In Rogers v. State, 101 Ga. 561 (28 S. E. 978), Justice Cobb said: “Applications for new trials on the ground that the verdict of the jury is contrary to evidence are addressed to a sound legal discretion to be exercised by the trial judges. When this discretion has been exercised .and the motion for a new trial overruled, this court will not interfere when there is any evidence which would justify the jury in reaching the conclusion which is set forth in the verdict. While in many cases we would probably not have [377]*377rendered the verdict returned, and, if we were authorized to pass upon the case as on appeal,' wnuld render here a different judgment, still under the established practice of this court as required by the law of the State, we can not overrule a trial judge, who, fresh from the atmosphere of the trial, sends to us a record in which he endorses the finding of the jury which tried the case in his presence. This is true even in cases where the evidence might be described as weak, unsatisfactory, and doubtful. The wisdom and discretion of the trial judge is sufficient for us to endorse his judgment in cases of this character.”

Judgment affirmed.

Broyles> C. J., and Luke, J., concur.

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140 S.E. 406, 37 Ga. App. 376, 1927 Ga. App. LEXIS 691, Counsel Stack Legal Research, https://law.counselstack.com/opinion/everson-v-state-gactapp-1927.

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