Kirkland v. State

147 S.E. 777, 39 Ga. App. 568, 1929 Ga. App. LEXIS 424

Opinion

Bloodworth, J.

There is no complaint of any ruling made during the trial of the case. It is insisted that there is no evidence to support the verdict. A jury is authorized to believe one witness as against many. The credibility of witnesses is a matter exclusively for the jury. Upon a hearing of a motion for a new trial the judge of the trial court who hears the case, has some discretion where there is a conflict of evidence, but this court has none where there is any evidence to support the verdict. As was said in Soell v. State, 4 Ga. App. 337 (3) (61 S. E. 514). “Though the evidence of the defendant’s guilt is weak and unsatisfactory, this court has no jurisdiction to review a finding of the jury upon an issue of fact.”

Judgment affirmed.

Broyles, O. J., and Luke, J., concur.