Whitehead v. State, 38318
| Decision Date | 27 May 1960 |
| Docket Number | No. 38318,No. 2,38318,2 |
| Citation | 101 Ga.App. 732,115 S.E.2d 429 |
| Parties | Herschel WHITEHEAD v. STATE |
| Court | Georgia Court of Appeals |
James W. Roberts, Atlanta, for plaintiff in error.
Richard Bell, Sol. Gen., Decatur, for defendant in error.
Syllabus Opinion by the Court
The defendant was tried and convicted on the charge of selling liquor in a dry county. He made a motion for a new trial on the general grounds and on one special ground in which he complained of the refusal of the court to grant his motion for a mistrial. In this court he has expressly abandoned the general grounds and insists solely on the one special ground. The motion for a new trial merely states that counsel made a motion for a mistrial, which was overruled by the court, and nowhere therein is it stated upon what grounds counsel moved the court for a mistrial. The contentions of counsel as shown by this ground as to why a motion for a mistrial should have been granted do not appear to have been urged before trial court. This ground of the motion for a new trial is too defective and incomplete to present any question for decision, and the trial judge did not err in overruling it. Owens v. State, 32 Ga.App. 417, 418(2), 123 S.E. 919; Lumbermen's Underwriting Alliance v. First National Bank & Trust Co., 100 Ga.App. 217, 223(5), 110 S.E.2d 782.
Judgment affirmed.
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Cherry v. State, 22826
...219; Lumbermen's Underwriting Alliance v. First National Bank & Trust Co., 100 Ga.App. 217, 223(5), 110 S.E.2d 782; Whitehead v. State, 101 Ga.App., 732, 115 S.E.2d 429. 5. The fourth special ground of the motion alleges that during the progress of the trial the assistant solicitor made the......
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Hudgins & Co. v. Chesterfield Laundry, Inc.
... ... The report also disclosed that the State Highway Department had agreed not to demand possession of the condemned premises prior to April 1, ... See, in this connection, Whitaker v. Creedon, 99 Ga.App. 228(2), 108 S.E.2d 335; Whitehead v. State, 101 Ga.App. 732, 115 ... S.E.2d 429; Owens v. State, 32 Ga.App. 417(2), 123 S.E. 919 ... ...
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Day v. Phillips, s. 40146
...to and a motion for mistrial made. It does not appear upon what grounds the motion was made. Under the decision in Whitehead v. State, 101 Ga.App. 732, 115 S.E.2d 429, and the cases there cited these grounds of the motions for new trial in each case are too defective to be passed upon. And ......
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Shelton v. State, 40797
...919; Lumbermen's Underwriting Alliance v. First National Bank & Trust Co., 100 Ga.App. 217, 223(5), 110 S.E.2d 782.' Whitehead v. State, 101 Ga.App. 732, 115 S.E.2d 429. 4. Under the decision of the Supreme Court in Cooper v. State, 182 Ga. 42(2), 184 S.E. 716, 104 A.L.R. 1309, the trial co......