Jordan v. State

• Decision Date: 18 March 1922
• Docket Number: 2835.
• Citation: 111 S.E. 417,153 Ga. 167
• Parties: JORDAN ET AL. v. STATE.
• Court: Georgia Supreme Court

111 S.E. 417

153 Ga. 167

JORDAN ET AL. v. STATE.

No. 2835.

Supreme Court of Georgia

March 18, 1922

Syllabus by the Court.

A ground of a motion for new trial which is not approved by the trial judge cannot be considered. Therefore where the trial judge certifies, as to one ground of the amended motion for new trial, that "The court does not approve the statement that W. C. Long was one of the jurors or that he is related. The court's information is that W. C. Long was not one of the jurors trying said case"--such ground cannot be considered.

Where the certificate of the trial court does not contain an unqualified statement that the grounds of the amended motion for new trial are true, but on the contrary he approves certain grounds thereof to be true "except allegations or statements that defendants did not waive their presence at reception of verdict, and allegations as to alleged relationship of juror," such approval is not an unqualified certification that the grounds of the amended motion are true, and such grounds cannot be considered. Swafford v. Keaton, 147 Ga. 491, 94 S.E. 568; Hayes v. Chapman, 147 Ga. 625, 626(1), 95 S.E. 216.

The verdict is supported by the evidence, and the court did not err in refusing a new trial.

Error from Superior Court, Wayne County; J. P. Highsmith, Judge.

Joe Jordan and others were convicted of an offense and bring error. Affirmed.

Jas. R. Thomas, of Jesup, and G. H. Richter, of Savannah, for plaintiffs in error.

Alvin V. Sellers, Sol. Gen., of Baxley, Geo. M. Napier, Atty. Gen., and Seward M. Smith, Asst. Atty. Gen., for the State.

HILL, J.

Judgment affirmed.

All the Justices concur, except FISH, C.J., absent because of sickness.