Roseberry v. State

Court of Appeals of Georgia

Roseberry v. State

60 S.E.2d 187, 81 Ga. App. 790, 1950 Ga. App. LEXIS 999

CourtCourt of Appeals of Georgia

DecidedJune 6, 1950

Docket33068

StatusPublished

Cited by1 cases

This text of 60 S.E.2d 187 (Roseberry 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.

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Roseberry v. State, 60 S.E.2d 187, 81 Ga. App. 790, 1950 Ga. App. LEXIS 999 (Ga. Ct. App. 1950).

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Opinion

Gardner, J.

Heretofore, about January 9, 1948, the defendant, Mrs. Edna Roseberry, was convicted on two counts charging her with the ill-treatment of two minor children. By bill of exceptions she brought that case to this court for review. The decision of the lower court was affirmed by this court (78 Ga. App. 324, 50 S. E. 2d, 77). Subsequently, the defendant filed a motion in the Criminal Court of Fulton County seeking to set aside her conviction upon the ground that the accusation upon which she was tried was so defective that her conviction was a nullity. This motion was overruled by the lower courts and she assigns error on that judgment here. “A motion to set aside a verdict and judgment is not an appropriate remedy in a criminal case.” Waits v. State, 204 Ga. 295 (49 S. E. 2d, 492).

Judgment affirmed.

MacIntyre, P.J., and Townsend, J., concur.

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Gardner, J.

Heretofore, about January 9, 1948, the defendant, Mrs. Edna Roseberry, was convicted on two counts charging her with the ill-treatment of two minor children. By bill of exceptions she brought that case to this court for review. The decision of the lower court was affirmed by this court (78 Ga. App. 324, 50 S. E. 2d, 77). Subsequently, the defendant filed a motion in the Criminal Court of Fulton County seeking to set aside her conviction upon the ground that the accusation upon which she was tried was so defective that her conviction was a nullity. This motion was overruled by the lower courts and she assigns error on that judgment here. “A motion to set aside a verdict and judgment is not an appropriate remedy in a criminal case.” Waits v. State, 204 Ga. 295 (49 S. E. 2d, 492).

Judgment affirmed.

MacIntyre, P.J., and Townsend, J., concur.

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60 S.E.2d 187, 81 Ga. App. 790, 1950 Ga. App. LEXIS 999, Counsel Stack Legal Research, https://law.counselstack.com/opinion/roseberry-v-state-gactapp-1950.

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