Brice v. State
Citation | 117 Ga. 466,43 S.E. 715 |
Parties | BRICE. v. STATE. |
Decision Date | 19 March 1903 |
Court | Supreme Court of Georgia |
BRICE.
v.
STATE.
Supreme Court of Georgia.
March 19, 1903.
CRIMINAL LAW—NEW TRIAL—REVIEW ON APPEAL.
1. The grounds of a motion for a new trial must be approved by the judge, and if the certificate appended thereto states facts in conflict with the statements in the motion, or leaves it uncertain as to whether the facts therein alleged actually occurred, the assignment of error cannot be consider»d by this court. Fletcher v. Collins. 36 S. E. 646, 111 Ga. 253 (1).
2. Where a defendant moved for a new trial on the ground that he was not present at a time when the judge recharged the jury, such ground cannot be considered, when from the certificate of the judge it does not certainly appear that the prisoner was not present.
3. The verdict is sustained by the evidence, there was no error in the charge or refusals to charge, and the court did not err in refusing a new trial.
(Syllabus by the Court.)
Error from Superior Court, Lowndes County; A. W. Hansel], Judge.
Mitch Brlce was convicted of crime, and brings error. Affirmed.
Jas. M. Johnson, for plaintiff In error.
W. E. Thomas, Sol. Gen., and Jno. C. Hart, Atty...
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