Young v. State

Court of Appeals of Georgia

Young v. State

76 S.E. 753, 12 Ga. App. 86, 1912 Ga. App. LEXIS 37

CourtCourt of Appeals of Georgia

DecidedDecember 21, 1912

Docket4517

StatusPublished

Cited by2 cases

This text of 76 S.E. 753 (Young 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

Young v. State, 76 S.E. 753, 12 Ga. App. 86, 1912 Ga. App. LEXIS 37 (Ga. Ct. App. 1912).

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Opinion

Hill, C. J.

1. It is only in those cases where the State relies entirely upon circumstantial evidence that it is incumbent upon the trial judge, without request, to instruct the jury as to the probative value of circumstantial evidence. Holt v. State, 7 Ga. App. 77 (66 S. E. 279); Benton v. State, 9 Ga. App. 422 (71 S. E. 498). The verdict in this case does not depend entirely upon such evidence.

2. The evidence obtained by an, illegal search of the house of the accused - is admissible against him. This has been repeatedly held by this court and the Supreme Court. Cohen v. State, 7 Ga. App. 5 (65 S. E. 1096); Hammock v. State, 1 Ga. App. 126 (58 S. E. 66); Williams v. State, 100 Ga. 511 (28 S. E. 624, 39 L. R. A. 269); Duren v. Thomasville, 125 Ga. 1 (53 S. E. 84).

3. The assignments of error of law are wholly without merit, and the verdict is fully supported by the evidence. ' Judgment affirmed.

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Hill, C. J.

1. It is only in those cases where the State relies entirely upon circumstantial evidence that it is incumbent upon the trial judge, without request, to instruct the jury as to the probative value of circumstantial evidence. Holt v. State, 7 Ga. App. 77 (66 S. E. 279); Benton v. State, 9 Ga. App. 422 (71 S. E. 498). The verdict in this case does not depend entirely upon such evidence.

2. The evidence obtained by an, illegal search of the house of the accused - is admissible against him. This has been repeatedly held by this court and the Supreme Court. Cohen v. State, 7 Ga. App. 5 (65 S. E. 1096); Hammock v. State, 1 Ga. App. 126 (58 S. E. 66); Williams v. State, 100 Ga. 511 (28 S. E. 624, 39 L. R. A. 269); Duren v. Thomasville, 125 Ga. 1 (53 S. E. 84).

3. The assignments of error of law are wholly without merit, and the verdict is fully supported by the evidence. ' Judgment affirmed.

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Bluebook (online)

76 S.E. 753, 12 Ga. App. 86, 1912 Ga. App. LEXIS 37, Counsel Stack Legal Research, https://law.counselstack.com/opinion/young-v-state-gactapp-1912.

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