Brice v. State
| Decision Date | 19 March 1903 |
| Citation | 43 S.E. 715,117 Ga. 466 |
| Parties | BRICE v. STATE. |
| Court | Georgia Supreme Court |
Syllabus by the Court.
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 considered 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.
Error from Superior Court, Lowndes County; A. W. Hansell, Judge.
Mitch Brice 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. Gen., for the State.
Judgment affirmed.
LUMPKIN, P.J., absent on account of sickness.
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Henderson v. State
... ... contrary, agreed, through his counsel, to plead not guilty ... and waive the copy of the indictment and list of witnesses ... The assignment is not verified, but rather negatives. See ... McBride v. Beckwith, 67 Ga. 764; Fletcher v ... Collins, 111 Ga. 253, 36 S.E. 646; Brice v ... State, 117 Ga. 466, 43 S.E. 715; Adams v ... State, 117 Ga. 302, 43 S.E. 703. As to waiving ... arraignment, see Hudson v. State, 117 Ga. 704, 45 ... 2. In ... the case at bar it is not necessary to decide whether or not, ... under the evidence, the relation of ... ...
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Brice v. State
...43 S.E. 715117 Ga. 466BRICE.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,......