Hardee v. State

Court of Appeals of Georgia

Hardee v. State

171 S.E. 560, 47 Ga. App. 813, 1933 Ga. App. LEXIS 676

CourtCourt of Appeals of Georgia

DecidedNovember 4, 1933

Docket23569

StatusPublished

Cited by1 cases

This text of 171 S.E. 560 (Hardee 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

Hardee v. State, 171 S.E. 560, 47 Ga. App. 813, 1933 Ga. App. LEXIS 676 (Ga. Ct. App. 1933).

Pincite

Opinion

Broyles, C. J.

1. It is contended in a ground of the motion for a new trial that one of the jurors was related within the prohibited degree to the prosecutor in the case. On the hearing of the motion the movant submitted the affidavits of several persons to sustain his contention, and the State made a counter-showing thereto. The issue of fact thus raised was passed upon by the judge, and his overruling of the ground was authorized by the evidence adduced.

2. The excerpt from the court’s charge upon the subject of the recent possession of stolen goods was not error for any reason assigned.

3. Under repeated rulings of the Supreme Court and of this court, the failure of the judge to instruct the jury .upon the law' of confessions is not error, in the absence of a timely and appropriate written request.

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

Judgment affirmed.

MacIntyre and Guerry, JJ., concur. W. F. Mills, for plaintiff in error. J. T. Grice, solicitor-general, contra.

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