Murphy v. State
| Decision Date | 12 January 1904 |
| Citation | 119 Ga. 300,46 S.E. 450 |
| Parties | MURPHY . v. STATE. |
| Court | Georgia Supreme Court |
CRIMINAL LAW—ACCUSATION—NEW TRIAL.
1. Under the act establishing the city court of Fayetteville, which act provides (Laws 1902, p. 133, No. 189, § 31) that "the defendants in criminal cases in said city court shall be tried on a written accusation, setting forth plainly the offense charged, founded upon the affidavit of the prosecutor, " etc., the affidavit on which the accusation against the plaintiff in error was founded was sufficient. See Brown v. State, 34 S. E. 1031, 109 Ga. 570, 572, and cases cited; Glass v. State (this day decided) 46 S. E. 435.
2. There being evidence before the jury upon which they could well have found the defendantguilty, and the judge having on a motion for a new trial approved their finding, this court declines to order a new trial.
(Syllabus by the Court.)
Error from City Court of Fayetteville; W. B. Hollingsworth, Judge.
Gus Murphy was convicted of crime, and brings error. Affirmed.
J. W. Wise, for plaintiff in error.
A. O. Blalock, Sol., for the State.
TURNER, J. Judgment affirmed. All the Justices concurring.
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Hunter v. State
...under the laws of this state. 1. The attack on the affidavit is not sustainable. Glass v. State, 119 Ga. 299, 46 S. E. 435; Murphy v. State, 119 Ga. 300, 46 S. E. 450; Surrels v. State, 113 Ga. 715, 39 S. E. 299; Williams v. State, 107 Ga. 693, 33 S. E. 641; Dickson v. State, 62 Ga. 583. 2.......