Mack v. State

Supreme Court of Georgia

Mack v. State

45 S.E. 603, 118 Ga. 755, 1903 Ga. LEXIS 676

CourtSupreme Court of Georgia

DecidedOctober 24, 1903

StatusPublished

Cited by2 cases

This text of 45 S.E. 603 (Mack v. State) is published on Counsel Stack Legal Research, covering Supreme Court of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Mack v. State, 45 S.E. 603, 118 Ga. 755, 1903 Ga. LEXIS 676 (Ga. 1903).

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Opinion

Pish, P. J.

The requests to charge, in so far as they were sound, were fully covered by the charge given. The portions of the charge of which complaint was made were not erroneous for any of the reasons assigned. The judge, in questioning the witnesses as set out m the motion for a new trial, did not intimate an opinion as to their credibility or as to what had been proved. There was no error in admitting evidence. Although the jury found the accused guilty of assault with intent to murder and recommended that he be punished as for a misdemeanor, the fact that the judge did not approve this reeommendation, but sentenced him for a felony, was no cause for a new trial. Daniel v. State, 118 Ga. 16. The evidence warranted the verdict, and the court did not err in refusing to grant a new7 trial.

Judgment affirmed.

All the Justices concur.

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Pish, P. J.

The requests to charge, in so far as they were sound, were fully covered by the charge given. The portions of the charge of which complaint was made were not erroneous for any of the reasons assigned. The judge, in questioning the witnesses as set out m the motion for a new trial, did not intimate an opinion as to their credibility or as to what had been proved. There was no error in admitting evidence. Although the jury found the accused guilty of assault with intent to murder and recommended that he be punished as for a misdemeanor, the fact that the judge did not approve this reeommendation, but sentenced him for a felony, was no cause for a new trial. Daniel v. State, 118 Ga. 16. The evidence warranted the verdict, and the court did not err in refusing to grant a new7 trial.

Judgment affirmed.

All the Justices concur.

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Bluebook (online)

45 S.E. 603, 118 Ga. 755, 1903 Ga. LEXIS 676, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mack-v-state-ga-1903.

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