Holton v. State

Court of Appeals of Georgia

Holton v. State

20 S.E.2d 186, 67 Ga. App. 345, 1942 Ga. App. LEXIS 413

Court of Appeals of Georgia·Decided April 9, 1942·No. 29374.·Published

Opinions

*346 Broyles, C. J.

The defendant was convicted of trespass by cutting timber on the land of the prosecutrix without her consent. The evidence for the State amply authorized the verdict. No evidence was offered by the.accused, but he made a statement to the jury, in which he admitted cutting the timber, but claimed that he did so with the consent of the prosecutrix and under a verbal contract with her. The jury evidently rejected his statement, and believed the testimony of the prosecutrix and the other-witnesses for the State. The overruling of the motion for new trial, embracing the general grounds only, was not error.

Judgment affirmed.

MacIntyre and Gardner, JJ., concur.

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*346 Broyles, C. J.

The defendant was convicted of trespass by cutting timber on the land of the prosecutrix without her consent. The evidence for the State amply authorized the verdict. No evidence was offered by the.accused, but he made a statement to the jury, in which he admitted cutting the timber, but claimed that he did so with the consent of the prosecutrix and under a verbal contract with her. The jury evidently rejected his statement, and believed the testimony of the prosecutrix and the other-witnesses for the State. The overruling of the motion for new trial, embracing the general grounds only, was not error.

Judgment affirmed.

MacIntyre and Gardner, JJ., concur.

Holton v. State, 20 S.E.2d 186, 67 Ga. App. 345, 1942 Ga. App. LEXIS 413 (Ga. Ct. App. 1942).

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