Gailliard v. State

Court of Appeals of Georgia

Gailliard v. State

84 S.E. 837, 16 Ga. App. 195, 1915 Ga. App. LEXIS 538

CourtCourt of Appeals of Georgia

DecidedApril 13, 1915

Docket5991

StatusPublished

Cited by2 cases

This text of 84 S.E. 837 (Gailliard 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

Gailliard v. State, 84 S.E. 837, 16 Ga. App. 195, 1915 Ga. App. LEXIS 538 (Ga. Ct. App. 1915).

Pincite

Opinion

Russell, C. J.

1. The evidence was sufficient to authorize the verdict finding the defendants guilty of robbery by force, as charged in .the first count of the indictment; and this being true, the mere fact that the indictment contained also a count charging robbery by sudden snatching afforded no obstacle to the court’s imposing a single sentence upon .the count which was sustained, by evidence. The rule announced in Driver v. State, 112 Ga. 229 (37 S. E. 400), and in Douglas v. Town of Kestler, 14 Ga. App. 612 (81 S. E. 306), has no application in this ease, for the verdict finding the defendants guilty of “robbery by force” is not a general verdict.

2. Under the ruling of this court in McCullough v. State, 10 Ga. App. 403 (73 S. E. 546), a trial judge may charge thé jury in a criminal case that they may believe the statement of the accused in preference to the evidence “provided they believe it to be true.”

Judgment affirmed.

Broyles, J., not presiding.

Free access — add to your briefcase to read the full text and ask questions with AI

Russell, C. J.

1. The evidence was sufficient to authorize the verdict finding the defendants guilty of robbery by force, as charged in .the first count of the indictment; and this being true, the mere fact that the indictment contained also a count charging robbery by sudden snatching afforded no obstacle to the court’s imposing a single sentence upon .the count which was sustained, by evidence. The rule announced in Driver v. State, 112 Ga. 229 (37 S. E. 400), and in Douglas v. Town of Kestler, 14 Ga. App. 612 (81 S. E. 306), has no application in this ease, for the verdict finding the defendants guilty of “robbery by force” is not a general verdict.

2. Under the ruling of this court in McCullough v. State, 10 Ga. App. 403 (73 S. E. 546), a trial judge may charge thé jury in a criminal case that they may believe the statement of the accused in preference to the evidence “provided they believe it to be true.”

Judgment affirmed.

Broyles, J., not presiding.

Cite This Page — Counsel Stack

Bluebook (online)

84 S.E. 837, 16 Ga. App. 195, 1915 Ga. App. LEXIS 538, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gailliard-v-state-gactapp-1915.

Opinion

Related

Cite This Page — Counsel Stack