Hembree v. State

Court of Appeals of Georgia

Hembree v. State

34 S.E.2d 642, 72 Ga. App. 614, 1945 Ga. App. LEXIS 651

CourtCourt of Appeals of Georgia

DecidedJune 23, 1945

Docket30883.

StatusPublished

This text of 34 S.E.2d 642 (Hembree 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.

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Hembree v. State, 34 S.E.2d 642, 72 Ga. App. 614, 1945 Ga. App. LEXIS 651 (Ga. Ct. App. 1945).

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Opinion

Broyles, C. J.

1. The evidence amply authorized the defendants conviction of the offense charged — larceny from the house.

2. Special ground 1 of the motion for new trial is merely an elaboration of the general grounds and is without merit.

3. The remaining special ground was based upon alleged newly discovered evidence, the evidence consisting of the testimony of one J. W. Gibson; and the movant failed to attach to said ground any affidavits as to the residence, the associates, the means of knowledge, the character, and the credibility of said Gibson, as required by § 70-205 of the Code. The judge, therefore, did not abuse his discretion in overruling that ground of the motion for new trial. Ivey v. State, 154 Ga. 63 (6) (113 S. E. 175); Christie v. State, 55 Ga. App. 155 (189 S. E. 378).

4. Complaint is made in the brief of counsel for the plaintiff in error of alleged errors in the charge of the court, but the record fails to show any exception whatever to such alleged errors.

Judgment affirmed.

MacIntyre and Gardner, JJ., concur.

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Broyles, C. J.

1. The evidence amply authorized the defendants conviction of the offense charged — larceny from the house.

2. Special ground 1 of the motion for new trial is merely an elaboration of the general grounds and is without merit.

3. The remaining special ground was based upon alleged newly discovered evidence, the evidence consisting of the testimony of one J. W. Gibson; and the movant failed to attach to said ground any affidavits as to the residence, the associates, the means of knowledge, the character, and the credibility of said Gibson, as required by § 70-205 of the Code. The judge, therefore, did not abuse his discretion in overruling that ground of the motion for new trial. Ivey v. State, 154 Ga. 63 (6) (113 S. E. 175); Christie v. State, 55 Ga. App. 155 (189 S. E. 378).

4. Complaint is made in the brief of counsel for the plaintiff in error of alleged errors in the charge of the court, but the record fails to show any exception whatever to such alleged errors.

Judgment affirmed.

MacIntyre and Gardner, JJ., concur.

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34 S.E.2d 642, 72 Ga. App. 614, 1945 Ga. App. LEXIS 651, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hembree-v-state-gactapp-1945.

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