Rogers v. State

Court of Appeals of Georgia

Rogers v. State

113 S.E. 40, 28 Ga. App. 747, 1922 Ga. App. LEXIS 823

CourtCourt of Appeals of Georgia

DecidedJuly 11, 1922

Docket13578

StatusPublished

Cited by1 cases

This text of 113 S.E. 40 (Rogers 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

Rogers v. State, 113 S.E. 40, 28 Ga. App. 747, 1922 Ga. App. LEXIS 823 (Ga. Ct. App. 1922).

Pincite

Opinion

Blood wobth, J.

1. When all the facts and the entire charge are considered, the excerpts from the charge of which complaint is made show no reversible error.

2. Tlie evidence showing that the crime for which the accused was in-dieted was actually perpetrated, the judge did not err in failing to instruct the jury that “ under the evidence in- this case the defendant could he convicted for attempting to manufacture liquor.” Renal Code (1910), § 19. Besides, for the judge to have so charged would have been for him to express his opinion as to what had been proved.

3. The court did not err in overruling the motion for a new trial.

Judgment affirmed.

Broyles, C. J., and Luke, J., concur.

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