Phillips v. State

• Decision Date: 09 July 1929
• Docket Number: 19757.
• Citation: 149 S.E. 157,40 Ga.App. 141
• Parties: PHILLIPS v. STATE.
• Court: Georgia Court of Appeals

149 S.E. 157

40 Ga.App. 141

PHILLIPS v. STATE.

No. 19757.

Court of Appeals of Georgia, First Division

July 9, 1929

Error from Superior Court, Walker County; James Maddox, Judge.

W. W. Phillips was convicted of cheating and swindling, and he brings error. Affirmed.

J. M. Neel, Jr., and Wm. T. Townsend, both of Cartersville, for plaintiff in error.

BROYLES, C.J.

1. The overruling of the demurrer to the indictment was not error.

2. The jury were authorized from the evidence to find that the offense was committed in Walker county.

3. There was no error in the excerpt from the charge as complained of in the motion for a new trial.

4. The evidence as to the defendant's guilt, while in acute conflict, was sufficient to authorize his conviction. There was no fatal variance between the allegations of the indictment and the proof. The finding of the jury has been approved by the trial judge, and, no error of law appearing, this court is without authority to interfere.

Judgment affirmed.

LUKE and BLOODWORTH, JJ., concur.