Spear v. State

164 S.E. 109, 45 Ga. App. 241, 1932 Ga. App. LEXIS 262
CourtCourt of Appeals of Georgia
DecidedApril 30, 1932
Docket22175
StatusPublished
Cited by4 cases

This text of 164 S.E. 109 (Spear 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
Spear v. State, 164 S.E. 109, 45 Ga. App. 241, 1932 Ga. App. LEXIS 262 (Ga. Ct. App. 1932).

Opinion

Beoyles, C. J.

1. “The judge may interrupt the defendant when, in making his statement, he is stating wholly irrelevant facts, and instruct him to leave out such facts, and confine his statement to the case.” Vincent v. State, 153 Ga. 278 (4) (112 S. E. 120) ; Montross v. State, 72 Ga. 261 (4-a.) (53 Am. R. 840) ; Howard v. State, 73 Ga. 83 (2); King v. State, 9 Ga. App. 609 (71 S. E. 943). Applying this ruling to the facts of the instant case, the special assignments of error contained in paragraph 6 of the petition for certiorari are without merit.

2. The verdict was authorized by the evidence, and the overruling of the certiorari was not error.

Judgment affirmed.

Jenkins, P. J., and Luke, J., concur.

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Related

Drury v. State
87 S.E.2d 668 (Court of Appeals of Georgia, 1955)
Burke v. State
47 S.E.2d 116 (Court of Appeals of Georgia, 1948)
Price v. State
45 S.E.2d 84 (Court of Appeals of Georgia, 1947)
Curtis v. State
172 S.E. 99 (Court of Appeals of Georgia, 1933)

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Bluebook (online)
164 S.E. 109, 45 Ga. App. 241, 1932 Ga. App. LEXIS 262, Counsel Stack Legal Research, https://law.counselstack.com/opinion/spear-v-state-gactapp-1932.