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Kerby v. State

138 S.E. 448, 36 Ga. App. 772, 1927 Ga. App. LEXIS 309
CourtCourt of Appeals of Georgia
DecidedMay 11, 1927
Docket18039
StatusPublished
Cited by1 cases

This text of 138 S.E. 448 (Kerby 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
Kerby v. State, 138 S.E. 448, 36 Ga. App. 772, 1927 Ga. App. LEXIS 309 (Ga. Ct. App. 1927).

Opinion

Bhoyles, C. J.

1. The 4th special ground of the motion for a new trial is disapproved by the trial judge.

2. The 5th special ground is not complete and understandable within itself, and can not be considered.

3. The 6th and 7th special grounds show that hearsay prejudicial to the accused was admitted in evidence over his timely and appropriate objections; and this error, under all the facts of the case, requires another trial.

4. The 8th special ground is without merit.

[773]*773Decided May 11, 1927. Price, Spivey & Rdenfield, for plaintiff in error. I. W. Rountree, solicitor, contra.

5. As another hearing of the case must occur, the sufficiency of the legal evidence to support the verdict is not now passed upon.

Judgment reversed.

Luke and Bloodworth, JJ., concur.

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Related

Dowdy v. State
262 S.E.2d 511 (Court of Appeals of Georgia, 1979)

Cite This Page — Counsel Stack

Bluebook (online)
138 S.E. 448, 36 Ga. App. 772, 1927 Ga. App. LEXIS 309, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kerby-v-state-gactapp-1927.