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Holmes v. State

67 S.E. 693, 7 Ga. App. 570, 1910 Ga. App. LEXIS 392
CourtCourt of Appeals of Georgia
DecidedApril 6, 1910
Docket2310
StatusPublished
Cited by15 cases

This text of 67 S.E. 693 (Holmes 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
Holmes v. State, 67 S.E. 693, 7 Ga. App. 570, 1910 Ga. App. LEXIS 392 (Ga. Ct. App. 1910).

Opinion

Russell, J.

1. Both tlie venue and the fact that the offense charged was committed within the statute of limitations were proved directly and circumstantially.

2. Counsel has the right, in argument, to draw such inferences as he may see fit from the evidence adduced; and,' provided these inferences are properly sustained by evidence, it is not necessary that they be logical. The judge did not err in refusing to declare a mistrial, nor in holding that the State’s counsel had a right to discuss the results of the law, nor in merely saying,-in response to objection by the defendant’s counsel to the argument of the solicitor, that the solicitor should confine himself to the evidence.

3. In a prosecution for a misdemeanor, the charge being that the defendant violated the statute forbidding the sale or furnishing of cocaine, the State may prove as many separate sales as it can, provided such sale or furnishing occurred within two years before the filing of the accusation.

4. The evidence demanded the verdict of guilty, and minor errors would not authorize the grant of a new trial. Judgment affirmed.

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85 S.E.2d 782 (Court of Appeals of Georgia, 1955)
Daniel v. State
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Byrd v. State
52 S.E.2d 330 (Court of Appeals of Georgia, 1949)
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2 S.E.2d 205 (Court of Appeals of Georgia, 1939)
A. G. Boone Co. v. Owens
187 S.E. 899 (Court of Appeals of Georgia, 1936)
Fitzgerald v. State
181 S.E. 186 (Court of Appeals of Georgia, 1935)
Ashworth v. State
180 S.E. 237 (Court of Appeals of Georgia, 1933)
Cook v. State
127 S.E. 156 (Court of Appeals of Georgia, 1925)
Pullen v. State
116 S.E. 871 (Court of Appeals of Georgia, 1923)
Biggers v. State
91 S.E. 919 (Court of Appeals of Georgia, 1917)
Shealey v. State
84 S.E. 839 (Court of Appeals of Georgia, 1915)

Cite This Page — Counsel Stack

Bluebook (online)
67 S.E. 693, 7 Ga. App. 570, 1910 Ga. App. LEXIS 392, Counsel Stack Legal Research, https://law.counselstack.com/opinion/holmes-v-state-gactapp-1910.