Swann v. State

Court of Appeals of Georgia

Swann v. State

97 S.E. 564, 23 Ga. App. 131, 1918 Ga. App. LEXIS 86

CourtCourt of Appeals of Georgia

DecidedDecember 3, 1918

Docket10014

StatusPublished

This text of 97 S.E. 564 (Swann 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

Swann v. State, 97 S.E. 564, 23 Ga. App. 131, 1918 Ga. App. LEXIS 86 (Ga. Ct. App. 1918).

Pincite

Opinion

Broyles, P. J.

1. The first ground of the amendment to the motion for a new trial, being expressly disapproved by the trial judge, can not be considered.

2. The charge of the court upon the doctrine of reasonable doubt was sufficiently full. '

3. None of the other instructions excepted to, when viewed in the light of the charge as a whole, contains material error.

4. The alleged newly discovered evidence was cumulative and was not of such a character as would probably cause a different verdict upon another trial.

5. Under the facts of the case the other special grounds of the motion for a new trial are without merit.

[132]*132Decided December 3, 1918.

Conviction of manslaughter; from Meriwether superior court— Judge Terrell. July 10, 1918.

N. F. Culpepper, McLaughlin & Jones, W. I. Heyward, H. A. Allen, for plaintiff in error. C. E. Roop, solicitor-general, contra.

6. The verdict was amply authorized by the evidence, and the court did not err in overruling the motion for a new trial.

Judgment affirmed.

Bloodworth, J., concurs. Stephens, J., not presiding.

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