Lewis v. State

Court of Appeals of Georgia

Lewis v. State

74 S.E. 442, 11 Ga. App. 14, 1912 Ga. App. LEXIS 235

CourtCourt of Appeals of Georgia

DecidedApril 2, 1912

Docket4003

StatusPublished

Cited by2 cases

This text of 74 S.E. 442 (Lewis 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

Lewis v. State, 74 S.E. 442, 11 Ga. App. 14, 1912 Ga. App. LEXIS 235 (Ga. Ct. App. 1912).

Pincite

Opinion

Pottle, J.

1. Where a criminal case is submitted to the presiding judge by consent, without the intervention of a jury, it is discretionary with the judge whether or not he will hear argument from counsel; and where, the case is submitted by consent without argument, it is not error, after the court has intimated the probability of an adverse decision, to refuse to permit counsel for the accused to withdraw his consent and make an argument in the case.

2. The fact that the presiding judge, to whose decision the issues of fact were submitted, in rendering his decision remarked that the accused had not proved his innocence is not cause for setting aside the judgment of conviction.

3. The evidence authorized the judgment of conviction.

Judgment affirmed.

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Pottle, J.

1. Where a criminal case is submitted to the presiding judge by consent, without the intervention of a jury, it is discretionary with the judge whether or not he will hear argument from counsel; and where, the case is submitted by consent without argument, it is not error, after the court has intimated the probability of an adverse decision, to refuse to permit counsel for the accused to withdraw his consent and make an argument in the case.

2. The fact that the presiding judge, to whose decision the issues of fact were submitted, in rendering his decision remarked that the accused had not proved his innocence is not cause for setting aside the judgment of conviction.

3. The evidence authorized the judgment of conviction.

Judgment affirmed.

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Bluebook (online)

74 S.E. 442, 11 Ga. App. 14, 1912 Ga. App. LEXIS 235, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lewis-v-state-gactapp-1912.

Opinion

3. The evidence authorized the judgment of conviction.

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