Holbrook v. State

Court of Appeals of Georgia

Holbrook v. State

138 S.E. 919, 37 Ga. App. 106, 1927 Ga. App. LEXIS 496

CourtCourt of Appeals of Georgia

DecidedJuly 14, 1927

Docket18143

StatusPublished

Cited by2 cases

This text of 138 S.E. 919 (Holbrook 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

Holbrook v. State, 138 S.E. 919, 37 Ga. App. 106, 1927 Ga. App. LEXIS 496 (Ga. Ct. App. 1927).

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Opinion

Luke, J.

Holbrook was charged with an attempt to rob', in that “he did make an assault upon S. M. Gamble, with intent then and there, wrongfully, fraudulently, and violently, by force and intimidation, to rob him the said S. M. Gamble by pointing a pistol at said Gamble, and at same time saying to him, ‘Up ■ with them.’ ” The person alleged to have been assaulted testified positively to the identity of the defendant, and testified that the defendant “threw his gun on” him and said to him, “God damn you, up with them, up with them.” The prosecutor fled. The defendant stated that he was not the person who pointed the gun at the prosecutor, and that he was not guilty of the offense charged. The jury returned a verdict of guilty. This court can not hold that the verdict was without evidence to support it.

The four assignments of error upon excerpts from the charge of the court do not show reversible error. The court did not err in overruling the motion for a new trial.

Judgment affirmed.

Broyles, C. J., and Bloodworlh, J., concur.

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Luke, J.

Holbrook was charged with an attempt to rob', in that “he did make an assault upon S. M. Gamble, with intent then and there, wrongfully, fraudulently, and violently, by force and intimidation, to rob him the said S. M. Gamble by pointing a pistol at said Gamble, and at same time saying to him, ‘Up ■ with them.’ ” The person alleged to have been assaulted testified positively to the identity of the defendant, and testified that the defendant “threw his gun on” him and said to him, “God damn you, up with them, up with them.” The prosecutor fled. The defendant stated that he was not the person who pointed the gun at the prosecutor, and that he was not guilty of the offense charged. The jury returned a verdict of guilty. This court can not hold that the verdict was without evidence to support it.

The four assignments of error upon excerpts from the charge of the court do not show reversible error. The court did not err in overruling the motion for a new trial.

Judgment affirmed.

Broyles, C. J., and Bloodworlh, J., concur.

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Bluebook (online)

138 S.E. 919, 37 Ga. App. 106, 1927 Ga. App. LEXIS 496, Counsel Stack Legal Research, https://law.counselstack.com/opinion/holbrook-v-state-gactapp-1927.

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