Griggs v. State

59 Ga. 738

• Court: Supreme Court of Georgia
• Decided: August 15, 1877
• Status: Published

Opinion

Bleckley, Judge.

The prisoner was convicted, and sentenced to the penitentiary for life, the evidence against him being circumstantial. His motion for a new trial was denied. No material error of law appears in the record, and the evidence was sufficient to warrant the verdict. Por the facts of the case, consult the reporter’s statement, and for the rulings of this court on the various points presented, see the head-notes hereto prefixed. The charge of the court should be read and construed as a whole. Some of its pai’ts are not faultless, but taken altogether, we think it substantially correct. In a few places it offers rather more assistance to the jury in general reasoning than it ought. In contemplation of law, jurors are well skilled in practical logic. 56 Ga., 61; 58 Ib., 36.

Cited by counsel for prisoner: (minute of testimony) Code, §4999; (motions — opinion of witness) Code, §3867; 6 Ga., 324; 31 Ib., 424; 10 Ib., 513; 12 Ib., 257; (experts) Code, §3868; (certainty — 8th ground of motion for new trial) Code, §3749 ; 6 Ga., 284; (charge argumentative, etc., 9th, 10th, 11th and 12th grounds of motion for new trial) 58 Ga., 36 ; Code, §3715 ; (new evidence) Code, §§3716, 3718 ; 31 Ga., 34; 34 Ib., 565; 37 Ib., 676; 46 Ib.,637; (verdict wrong) Code, §3749; 34 Ga., 342; 46 Ib., supra; 1 Stark. Ev., 575 ; 1 Gr. Ev., 13 ; 3 Ib., 29.

Cited by the solicitor general: (certainty) 26 Ga., 633; 1 Whar. Cr. Law, 732; 6 Ga., 276; 18 Ib., 265; 34 Ib., 346 ; 38 Ib., 295 ; 50 Ib., 514; 22 Ib., 235 ; (motions — opinion of witness) 6 Ga., 324; 10 Ib., 513; 18 Ib., 194, 218, 220; 38 Ib., 205, 297; 47 Ib., 528; (experts) 31 Ga., 424, 468; (false account given by prisoner) Bur. on Cir. Ev., 131, 132, 420 ; (verdict to stand) 49 Ga., 18.

Judgment affirmed.