Walker v. State

Court of Appeals of Georgia

Walker v. State

81 S.E. 797, 14 Ga. App. 587, 1914 Ga. App. LEXIS 388

CourtCourt of Appeals of Georgia

DecidedMay 14, 1914

Docket5636

StatusPublished

Cited by1 cases

This text of 81 S.E. 797 (Walker 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

Walker v. State, 81 S.E. 797, 14 Ga. App. 587, 1914 Ga. App. LEXIS 388 (Ga. Ct. App. 1914).

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Opinion

Wade, J.

Since the question of identity is for determination by the jury

(McLain v. State, 71 Ga. 279, Mitchum v. State, 11 Ga. 615), where an indictment charged the defendant with the crime of adultery, committed with a woman called “Velma Shider,” and there was some proof that she was sometimes known by this name, though she. testified that she had always been called “Genie Shider,” and another witness said he “had never heard her called anything else,” there was no such variance between the allegata and the probata as to demand a new trial. ' No error of law is complained of, and the trial judge did not abuse his discretion in denying the motion for new trial. Judgment affirmed.

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Wade, J.

Since the question of identity is for determination by the jury

(McLain v. State, 71 Ga. 279, Mitchum v. State, 11 Ga. 615), where an indictment charged the defendant with the crime of adultery, committed with a woman called “Velma Shider,” and there was some proof that she was sometimes known by this name, though she. testified that she had always been called “Genie Shider,” and another witness said he “had never heard her called anything else,” there was no such variance between the allegata and the probata as to demand a new trial. ' No error of law is complained of, and the trial judge did not abuse his discretion in denying the motion for new trial. Judgment affirmed.

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Bluebook (online)

81 S.E. 797, 14 Ga. App. 587, 1914 Ga. App. LEXIS 388, Counsel Stack Legal Research, https://law.counselstack.com/opinion/walker-v-state-gactapp-1914.

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