Rumsey v. State
This text of 58 S.E. 1066 (Rumsey 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.
Opinion
1. Upon the general grounds this case is controlled by Plummer v. State, 1 Ga. App. 507 (57 S. E. 969).
2. The contention that the sentence is excessive can not properly be made a ground of a motion for a new trial. Baldwin v. State, 75 Ga. 482; Sturkey v. State, 116 Ga. 526 (42 S. E. 747); Bellinger v. State, 116 Ga. 545 (42 S. E. 747); Burgamy v. State, 114 Ga. 852 (40 S. E. 991).
3. “A new trial will not be granted in a criminal case because of the relationship within the prohibited degrees of a juror to the accused, although such relationship was unknown to' the accused and his counsel until after verdict.” Downing v. State, 114 Ga. 30 (39 S. E. 927), wherein previous decisions to the same effect are expressly approved, after review. See also Olliff v. State, 1 Ga. App. 553, 554 (57 S. E. 941).
Judgment affirmed,.
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Cite This Page — Counsel Stack
58 S.E. 1066, 2 Ga. App. 620, 1907 Ga. App. LEXIS 458, Counsel Stack Legal Research, https://law.counselstack.com/opinion/rumsey-v-state-gactapp-1907.