Powell v. State
| Decision Date | 12 May 1920 |
| Docket Number | 11328. |
| Parties | POWELL v. STATE. |
| Court | Georgia Court of Appeals |
Syllabus by the Court.
Under the facts of the case, the court did not, for any reason assigned, err in excluding from the evidence two indictments against a third person.
The sixth and seventh grounds of the motion for a new trial, complaining of the admission of certain testimony, cannot be considered, as neither ground gives the name of the witness from whom the testimony was elicited.
The eighth ground of the motion for a new trial is not complete in itself, a reference to the preceding ground being necessary to understand it. Under repeated rulings of the Supreme Court and of this court, such a ground cannot be considered by this court.
The several excerpts from the charge of the court complained of, when considered in connection with the entire charge, contain no material error.
Under the Indeterminate Sentence Act of 1919 (Ga. L. 1919, p. 387), the jury must prescribe a minimum and maximum term of imprisonment which is within the minimum and maximum terms prescribed by law. In the instant case the defendant was convicted of assault with intent to murder, and the punishment for that offense is fixed by the Penal Code as imprisonment and labor in the penitentiary for not less than two years nor longer than ten years. The verdict was as follows: "We, the jury, find the defendant guilty, to serve in the penitentiary for a term of not less than ten years nor over ten years." The jury, by this verdict, prescribed a "minimum and maximum term" of imprisonment which was within the minimum and maximum terms prescribed by law, as required by the statute, and the exceptions to the verdict are without merit.
The verdict was amply authorized by the evidence, and the court did not err in overruling the motion for a new trial.
Error from Superior Court, Macon County; Z. A. Littlejohn, Judge.
Cobb Powell was convicted of assault with intent to murder by verdict fixing his term of imprisonment at 10 years, his motion for new trial was denied, and he brings error. Affirmed.
Hatcher & Smith, of Macon, and John B. Guerry, of Montezuma, for plaintiff in error.
Jule Felton, Sol. Gen., of Montezuma, for the State.
Judgment affirmed.
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