Vandeviere v. State, 26924.
Decision Date | 20 May 1938 |
Docket Number | No. 26924.,26924. |
Citation | 197 S.E. 338,58 Ga.App. 18 |
Parties | VANDEVIERE. v. STATE. |
Court | Georgia Court of Appeals |
Syllabus by Editorial Staff.
Error from Superior Court, Turner County; R. Eve, Judge.
Will Vandeviere was convicted of hog-stealing, and he brings error.
Affirmed.
R. L. Tipton, of Ashburn, for plaintiff in error.
W. C. Forehand, Sol. Gen., of Sylvester, and J. H. Pate, of Ashburn, for defendant in error.
Syllabus Opinion by the Court.
The defendant was convicted of the offense of hog-stealing. His motion for a new trial, which was based solely on the general grounds, was overruled and he excepted. Held:
1, After verdict, in passing upon the motion for a new trial, that view of the evidence which is most unfavorable to the accused must be taken, for every presumption and every inference is in favor of the verdict. Bell v. State, 21 Ga.App. 788, 95 S.E. 270.
2. The evidence authorized the verdict.
3. Although the evidence of the witnesses for the State contained contradictions, there was no abuse of discretion in denying a new trial. Clemons v. State, 159 Ga. 425, 125 S.E. 800. See in this connection Davis v. State, 94 Ga. 399, 19 S.E. 243.
Judgment affirmed.
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...is most unfavorable to the accused must be taken, for every presumption and every inference is in favor of the verdict. Vandeviere, v. State, 58 Ga.App. 18, 197 S.E. 338. ...
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... ... 1. This ... court is required, under the law, to construe the evidence ... most strongly in favor of the verdict. Vandeviere v ... State, 58 Ga.App. 18, 197 S.E. 338. In the light of the ... evidence of the instant case and the law applicable to it I ... feel compelled ... ...