Wilborn v. State

113 S.E. 54, 28 Ga. App. 748, 1922 Ga. App. LEXIS 825
CourtCourt of Appeals of Georgia
DecidedJuly 11, 1922
Docket13580
StatusPublished

This text of 113 S.E. 54 (Wilborn 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
Wilborn v. State, 113 S.E. 54, 28 Ga. App. 748, 1922 Ga. App. LEXIS 825 (Ga. Ct. App. 1922).

Opinion

Duke, J.

The evidence, though circumstantial, was sufficient to exclude every other reasonable hypothesis than that of the guilt of the defendant.

Under the particular facts of this case and the issue raised therein, there is no error in the judge’s ruling upon the admission of evidence.

The ground of the motion for a new trial based upon alleged prejudicial remarks made by the solicitor-general in his argument to the jury is without merit, since no motion for a mistrial was made.

The evidence having authorized the verdict, and the trial judge having approved the verdict, and no reversible error of law being shown upon [749]*749the trial of the case, it was proper to overrule the motion for a new trial. Judgment affirmed.

Decided July 11, 1922. Indictment for arson; from Wilkes superior court — Judge Shurley. April 1, 1922. Frank H. Colley, Hugh E. Combs, for plaintiff in error. M. L. Felts, solicitor-general, contra. Broyles, C. J., and. Bloodworth, J., concur.

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Bluebook (online)
113 S.E. 54, 28 Ga. App. 748, 1922 Ga. App. LEXIS 825, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wilborn-v-state-gactapp-1922.