Gravitt v. State, (No. 17757.)
| Decision Date | 11 January 1927 |
| Docket Number | (No. 17757.) |
| Citation | 36 Ga.App. 301,136 S.E. 829 |
| Parties | GRAVITT. v. STATE. |
| Court | Georgia Court of Appeals |
Rehearing Denied Feb. 23, 1927.
(Syllabus by the Court.)
Error from Superior Court, Fulton County; G. H. Howard, Judge.
E. L. Gravitt was convicted of attempting to commit larceny, and he brings error. Affirmed.
Vester M. Ownby, Joe Hill Smith, and W. H. Terrell, all of Atlanta, for plaintiff in error.
John A. Boykin, Sol. Gen., J. W. Le Craw, and J. H. Hudson, all of Atlanta, for the State.
Syllabus Opinion by the Court.
BROYLES, C. J. [1, 2] 1. Lanier v. State, 5 Ga. App. 472 (2), 63 S. E. 536.
2. Where an indictment upon which one has been convicted is so defective as to be absolutely void, a motion to set aside the judgment is not the appropriate remedy. McDonald v. State, 126 Ga. 536 (1), 55 S. E. 235.
3. Conceding, but not deciding, that the indictment in the instant case, charging the accused with an attempt to commit larceny of an automobile, was void, for the reason that it failed to allege that the automobile was of any value, the motion to set aside the judgment of conviction was not the appropriate remedy, and the court properly denied the motion.
(a) The fact that the trial court gave another reason for denying the motion is immaterial. It is well settled by repeated rulings of the Supreme Court and of this court that, where a judgment of the trial court, excepted to, is for any reason correct, the judgment will be affirmed by the reviewing court, even if the reason given by the trial court for its judgment be an erroneous one.
Judgment affirmed.
BLOODWORTH, J., absent on account of illness.
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Evans v. City of Tifton, s. 51962
...above in Division 4. See Robinson v. State, 93 Ga.App. 203, 91 S.E.2d 52; Hillery v. State, 51 Ga.App. 373, 180 S.E. 499; Gravitt v. State, 36 Ga.App. 301, 136 S.E. 829; see also Cochran v. State, 62 Ga. 731, 6. The applicant's motion showed it to be in the nature of a special demurrer or p......
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Gravitt v. State, (No. 5937.)
...Court of Appeals. E. L. Gravitt was convicted of attempting to commit larceny. Conviction was affirmed by the Court of Appeals (36 Ga. App. 301, 136 S. E. 829), and defendant brings error. Affirmed. Joe Hill Smith, Vester M. Ownby, and W. H. Terrell, all of Atlanta, for plaintiff in error. ......