Tolie v. State, 11852.

• Decision Date: 17 June 1937
• Docket Number: No. 11852.,11852.
• Parties: TOLIE . v. STATE.
• Court: Georgia Supreme Court

184 Ga. 518

192 S.E. 35

TOLIE .

v.STATE.

No. 11852.

Supreme Court of Georgia.

June 17, 1937.

Syllabus by Editorial Staff.

Error from Superior Court, Screven County; Wm. Woodrum, Judge.

John Tolie was convicted of murder, and he brings error.

Affirmed.

E. K. Overstreet, of Sylvania, and O. Frank Brant, of Hilltonia, for plaintiff in error.

W. G. Neville, Sol. Gen, of Statesboro, M. J. Yeomans, Atty. Gen, and Ellis G. Arnall, Asst. Atty. Gen, for the State.

Syllabus Opinion by the Court.

BELL, Justice.

The defendant was convicted of murder, and excepted to the overruling of his motion for a new trial. The motion contained the general grounds and several special grounds based upon alleged newly discovered evidence; but it was stated in the bill of exceptions and also in the brief filed in support thereof that the general grounds were expressly abandoned in the trial court. It does not appear that the judge abused his discretion in refusing to grant a new trial upon the grounds relating to the alleg-ed newly discovered evidence.-No other question being presented, the judgment must be affirmed.

Judgment affirmed.

All the Justices concur, except BECK, P. J., absent because of illness.