Mack v. State

• Decision Date: 20 June 1944
• Docket Number: 30532.
• Citation: 30 S.E.2d 795,71 Ga.App. 303
• Parties: MACK v. STATE.
• Court: Georgia Court of Appeals

30 S.E.2d 795

71 Ga.App. 303

MACK v. STATE.

No. 30532.

Court of Appeals of Georgia, Division No. 1.

June 20, 1944

Joseph S. Ray and Aaron H. Satlof, both of Columbus, for plaintiff in error.

Ed Wohlwender, Sol. Gen., of Columbus, for defendant in error.

Syllabus Opinion by the Court

MACINTYRE, Judge.

1. The evidence authorized the verdict.

2. The only special ground of the motion for a new trial is based upon the assignment of error that the court erred in admitting certain evidence. It does not appear in the record that this evidence was objected to for the reason here urged at the time it was offered. The reasons here urged why the evidence should not have been admitted were urged for the first time in the amended motion for a new trial. Thus such reasons do not appear to have been urged before the trial judge at the time offered and can not be considered by this court. Milliken v. State, 34 Ga.App. 596, 130 S.E. 347; Parker v. State, 28 Ga.App. 673, 112 S.E. 908; Langston v. State, 153 Ga. 127, 111 S.E. 561; Phillips v. State, 102 Ga. 594, 27 S.E. 699; Atlanta Life Ins. Co. v. Jackson, 34 Ga.App. 555(2), 130 S.E. 378; Lamkin v. Clary, 103 Ga. 631, 30 S.E. 596; Grace v. McKinney, 112 Ga. 425(2), 37 S.E. 737.

3. The reason urged in the objection at the time of the introduction of the evidence, and then and there passed on by the trial court, was not mentioned or argued in the defendant's brief, and will be considered as abandoned.

Judgment affirmed.

BROYLES, C. J., and GARDNER, J., concur.