Stephens v. State

95 S.E. 537, 22 Ga. App. 123, 1918 Ga. App. LEXIS 187

Opinion

Bloodworth, J.

1. The demurrer to the accusation was properly overruled.

2. “This court can not consider exceptions to the refusal of the trial judge to comply with written requests to charge, unless it is made to appear that they were tendered to the court before the jury retired to consider the ease. Shirley v. State, 5 Ga. App, 611 (63 S. E. 583). In this case it is not disclosed that the written requests to charge were so tendered.” Seaboard Air-Line Ry. v. Barrow, 18 Ga. App. 261 (4) (89 S. E. 383) ; Seaboard Air-Line Railway v. Lyon, 18 Ga. App. 266 (6), 267 (89 S. E. 384).

3. There was some evidence to. support the verdict.

Judgment affirmed.

Broyles, P. J., and Harwell, J., concur. Rogers & Knox, for plaintiff in error, cited,

on the demurrer: Penal Code (1910), § 125; Watson v. State, 124 Ga. 454; Hudgins V. State, 126 Ga. 639, 642; Broughton v. State, 114 Ga. 34; Solomon v. State, 14 Ga. App. 115; Johnson v. State, 90 Ga. 441; Brown v. State, 116 Ga. 562; Carter v. State, 12 Ga. App. 432 (2); United States v. Hess, 124 U. S. 483; McAllister v. State, 122 Ga. 745-6.

U. W. Roberts, solicitor, contra, cited:

Penal Code (1910), § 954; Hudgins V. State, supra; Youmans v. State, 7 Ga. App. 101 (4); Holt v. State, 5 Ga. App. 184 (1); Bazemore v. State, 121 Ga. 619; Bright v. State, 4 Ga. App. 333-6.