Perdue v. State

Court of Appeals of Georgia

Perdue v. State

86 S.E. 661, 17 Ga. App. 299, 1915 Ga. App. LEXIS 362

CourtCourt of Appeals of Georgia

DecidedOctober 22, 1915

Docket6663

StatusPublished

Cited by7 cases

This text of 86 S.E. 661 (Perdue 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

Perdue v. State, 86 S.E. 661, 17 Ga. App. 299, 1915 Ga. App. LEXIS 362 (Ga. Ct. App. 1915).

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Opinion

Broyles, J.

1. Where error is assigned upon a refusal of the trial judge to give certain requested instructions to the jury, and it is not shown that-the request was not substantially covered by the charge given by the court, and the entire charge is not brought up, this court is unable to determine whether such refusal was erroneous or not; and where, it does not appear, from the bill of exceptions or from the record brought up, that the charge of the court was reduced to writing, or was of file in the office of the clerk of the court below (Penal Code, §§ 1056, 105.7), this court will not order it sent up under section 6149 (4) of the Civil Code.

2. The evidence authorized the verdict, and no error of law appears.

Judgment affirmed.

Russell, C. J., dissents.

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Broyles, J.

1. Where error is assigned upon a refusal of the trial judge to give certain requested instructions to the jury, and it is not shown that-the request was not substantially covered by the charge given by the court, and the entire charge is not brought up, this court is unable to determine whether such refusal was erroneous or not; and where, it does not appear, from the bill of exceptions or from the record brought up, that the charge of the court was reduced to writing, or was of file in the office of the clerk of the court below (Penal Code, §§ 1056, 105.7), this court will not order it sent up under section 6149 (4) of the Civil Code.

2. The evidence authorized the verdict, and no error of law appears.

Judgment affirmed.

Russell, C. J., dissents.

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Bluebook (online)

86 S.E. 661, 17 Ga. App. 299, 1915 Ga. App. LEXIS 362, Counsel Stack Legal Research, https://law.counselstack.com/opinion/perdue-v-state-gactapp-1915.

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