Clemons v. State

• Decision Date: 19 December 1924
• Docket Number: 4619.
• Citation: 125 S.E. 800,159 Ga. 425
• Parties: FRANK CLEMONS, ALIAS MOSE DAWKINS, v. THE STATE.
• Court: Georgia Supreme Court

125 S.E. 800

159 Ga. 425

FRANK CLEMONS, ALIAS MOSE DAWKINS, v. THE STATE.

No. 4619.

Supreme Court of Georgia

December 19, 1924

Error from Superior Court, Fulton County; E. D. Thomas, Judge.

C. E. Moore, of Atlanta, for plaintiff in error.

John A. Boykin, Sol. Gen., and E. A. Stephens, both of Atlanta, Geo. M. Napier, Atty. Gen., and T. R. Gress, Asst. Atty. Gen., for the State.

GILBERT, J.

The defendant was convicted of the offense of murder, and sentenced to life imprisonment. His motion for a new trial, which was based solely on the general grounds, was overruled, and he excepted. Held:

1. The evidence supported the verdict.

2. Although the evidence of the witnesses for the state contained contradictions, there was no abuse of discretion in denying a new trial. Compare Davis v. State, 94 Ga. 399, 19 S.E. 243.

Judgment affirmed.

All the Justices concur.