Whittington v. State

• Decision Date: 11 November 1904
• Citation: 121 Ga. 193,48 S.E. 948
• Court: Georgia Supreme Court
• Parties: WHITTINGTON v. STATE.

48 S.E. 948

121 Ga. 193

WHITTINGTON

v.STATE.

Supreme Court of Georgia.

Nov. 11, 1904.

CRIMINAL LAW—NEW TRIAL—EXCESSIVE SENTENCE—INDICTMENT—FORNICATION—MISNOMER.

1. This court cannot consider a. ground of a motion for a new trial complaining of the refusal to rule out evidence, when such evidence is not set out literally or in substance.

2. Whether the sentence imposed upon one convicted of crime is excessive is a question which cannot be made by motion for a new trial.

3. Where a man is convicted of having lived in a state of fornication with a woman who is shown to have been known and called indifferently by two names, by one of which she is described in the indictment, the conviction will not be set aside and a new trial granted on the ground that the other was in fact her real name.

¶ 3. See Indictment and Information, vol. 27, Cent. Dig. § 274.

4. The evidence was sufficient to authorize the judgment of the trial judge, to whom the case was submitted without the intervention of a jury.

(Syllabus by the Court)

Error from City Court of Macon; Robt Hodges, Judge.

John Whittington was convicted of crime, and brings error. Affirmed.

John R. Cooper, for plaintiff in error.

Wm. Brunson, Sol. Gen., for the State.

SIMMONS, C. J. Judgment affirmed. All

the Justices concur.