Malloy v. State

Court of Appeals of Georgia

Malloy v. State

179 S.E. 590, 51 Ga. App. 50, 1935 Ga. App. LEXIS 544

CourtCourt of Appeals of Georgia

DecidedApril 3, 1935

Docket24586

StatusPublished

This text of 179 S.E. 590 (Malloy 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

Malloy v. State, 179 S.E. 590, 51 Ga. App. 50, 1935 Ga. App. LEXIS 544 (Ga. Ct. App. 1935).

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Opinion

G-uerry, J.

The evidence of the one witness for the State was direct, clear, and unequivocal. He identified the defendant absolutely as the one who robbed him. The defense was the attempted establishment of an alibi. It was sufficiently shown if the evidence had been accepted by the jury. The jury saw fit to believe the evidence of the State and reject that of the defendant. This court is without authority in such a case to grant a new trial.

Judgment affb'med.

Broyles, O. J., and Muelntyre, J., conciw.

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G-uerry, J.

The evidence of the one witness for the State was direct, clear, and unequivocal. He identified the defendant absolutely as the one who robbed him. The defense was the attempted establishment of an alibi. It was sufficiently shown if the evidence had been accepted by the jury. The jury saw fit to believe the evidence of the State and reject that of the defendant. This court is without authority in such a case to grant a new trial.

Judgment affb'med.

Broyles, O. J., and Muelntyre, J., conciw.

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Bluebook (online)

179 S.E. 590, 51 Ga. App. 50, 1935 Ga. App. LEXIS 544, Counsel Stack Legal Research, https://law.counselstack.com/opinion/malloy-v-state-gactapp-1935.