Braddy v. State
Decision Date | 14 May 1929 |
Docket Number | 19600. |
Citation | 148 S.E. 600,39 Ga.App. 784 |
Parties | BRADDY v. STATE. |
Court | Georgia Court of Appeals |
Rehearing Denied June 11, 1929.
Error from Superior Court, Laurens County; R. Earl Camp, Judge.
Lowe Braddy brings error. Affirmed.
Dampier & Watson, of Dublin, for plaintiff in error.
Fred Lea, Sol. Gen., of Dublin, for the State.
The special grounds of the motion for a new trial are not unqualifiedly approved by the trial judge, and consequently will not be considered. The state made out a case, and the defendant introduced no evidence and made no statement. The court did not err in overruling the motion for a new trial.
Judgment affirmed.
On Motion for Rehearing.
A motion for a rehearing was made, in which it is stated that "it appears from the record, which must have been overlooked by the court, that the amended motion was approved unqualifiedly, but a marginal note [was] made by the trial judge in substantiation and explanation of the approval." This court did not overlook what appears in the record. The record shows no approval whatever of the special grounds of the motion for a new trial. Following these grounds the following appears: The marginal note shows no approval of the special grounds. The second headnote of the decision in Jackson v. State, 116 Ga. 834, 43 S.E 255, is as follows: In the opinion in that case Chief Justice Simmons said: In Tribble v. Tribble, 166 Ga. 850, 855, 144 S.E. 665, 668, Chief Justice Russell said: "Nothing is better settled than that an assignment of error which is not approved by the trial court cannot be considered in a court of review." See Wright v. State, 9...
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