Vickers v. State

98 S.E. 97, 23 Ga. App. 315, 1919 Ga. App. LEXIS 105

Opinion

Per Curiam.

1. There is no merit in the special ground of the motion for new trial. The evidence, while somewhat weak, authorized the defendant’s conviction on both counts of the accusation, and, the verdict having been approved by the trial judge, this court is without authority to interfere.

2. As to the sufficiency of the evidence to convict under the first count of the-accusation, see Fitzgerald v. State, 10 Ga. App. 70 (5), 76 (72 S. E. 541) ; Basil v. State, 22 Ga. App.. 765 (97 S. E. 25.9).

Judgment affirmed.

Broyles, P. J., and Bloodworth, J., concur. Stephns, J., dissents,. W. W. Bennett, for plaintiff in error, cited, as to sufficiency of evidence:

Ward v. State, 14 Ga. App. 110; Scott v. State, 15 Ga. App. 533.

J. Mark Wilcox, solicitor, cited:

Mimbs v. State, 2 Ga. App. 387; Hogan v. State, 76 Ga. 82-3; Smith v. State, 13 Ga. App. 241-6; Fitzgerald v. State, 10 Ga. App. 71 (5); Wilder v. State, 3 Ga. App. 443-4; Heard v. State, 113 Ga. 448-51.