Morgan v. State

Supreme Court of Georgia

Morgan v. State

38 S.E.2d 810, 201 Ga. 65, 1946 Ga. LEXIS 359

CourtSupreme Court of Georgia

DecidedJuly 3, 1946

Docket15552.

StatusPublished

Cited by2 cases

This text of 38 S.E.2d 810 (Morgan 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

Morgan v. State, 38 S.E.2d 810, 201 Ga. 65, 1946 Ga. LEXIS 359 (Ga. 1946).

Pincite

Opinion

Candler, Justice.

J. H. Morgan was indicted in the Superior Court of DeKalb County for rape, and on his trial for that offense a jury returned the following verdict: “We, the jury, find the defendant guilty of assault with intent to rape and fix his punishment at a minimum of 4 years and a maximum of 8 years.” Thereupon he was duly sentenced by the court. While the bill of exceptions recites, “the jury returned a verdict finding the defendant guilty, recommending mercy and fixing his sentence not less than-years minimum and-years maximum,” and the trial judge certified the bill of exceptions to be true — it is well-settled law in this State that, where there is a conflict between the allegations of the bill of exceptions and the record, the record controls. Heath v. Miller, 197 Ga. 443 (29 S. E. 2d, 416); Johnson v. Sherrer, 197 Ga. 392, 398 (29 S. E. 2d, 581). Since it does not appear from the record that the defendant has been convicted of a capital offense or that this court otherwise has jurisdiction, jurisdiction is in the Court of Appeals and not in this Court, and the case is hereby

Transferred to the Court of Appeals.

All the Justices concur.

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Candler, Justice.

J. H. Morgan was indicted in the Superior Court of DeKalb County for rape, and on his trial for that offense a jury returned the following verdict: “We, the jury, find the defendant guilty of assault with intent to rape and fix his punishment at a minimum of 4 years and a maximum of 8 years.” Thereupon he was duly sentenced by the court. While the bill of exceptions recites, “the jury returned a verdict finding the defendant guilty, recommending mercy and fixing his sentence not less than-years minimum and-years maximum,” and the trial judge certified the bill of exceptions to be true — it is well-settled law in this State that, where there is a conflict between the allegations of the bill of exceptions and the record, the record controls. Heath v. Miller, 197 Ga. 443 (29 S. E. 2d, 416); Johnson v. Sherrer, 197 Ga. 392, 398 (29 S. E. 2d, 581). Since it does not appear from the record that the defendant has been convicted of a capital offense or that this court otherwise has jurisdiction, jurisdiction is in the Court of Appeals and not in this Court, and the case is hereby

Transferred to the Court of Appeals.

All the Justices concur.

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Bluebook (online)

38 S.E.2d 810, 201 Ga. 65, 1946 Ga. LEXIS 359, Counsel Stack Legal Research, https://law.counselstack.com/opinion/morgan-v-state-ga-1946.

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