Home/Court of Appeals of Georgia/Spear v. State

Spear v. State

164 S.E. 109, 45 Ga. App. 241, 1932 Ga. App. LEXIS 262
Court of Appeals of Georgia·Decided April 30, 1932·No. 22175·Published·Cited by 4 cases

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.

Free access — add to your briefcase to read the full text and ask questions with AI

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

164 S.E. 109 (Spear v. State) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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)