Williams v. State

• Decision Date: 15 February 1906
• Citation: 53 S.E. 98,124 Ga. 782
• Parties: WILLIAMS v. STATE.
• Court: Georgia Supreme Court

53 S.E. 98

124 Ga. 782

WILLIAMS v. STATE.

Supreme Court of Georgia

February 15, 1906

Syllabus by the Court.

A ground of the motion for a new trial alleged error because, after the jury had been out deliberating on the case about an hour, they came into the courtroom and one of them asked the judge if they could find the defendant guilty as an accessory, to which the judge replied, "No." He then inquired if there was any other question which they desired to ask, and received a negative answer. The Solicitor General arose and addressed the court, in the hearing of the jury, saying: "Perhaps the jury did not understand what they wanted to find the defendant guilty of. Maybe they want to find him guilty as an accomplice, which they can do"--after which the judge charged the jury "on the law of accomplice." This was alleged to be contrary to law, and calculated to confuse the minds of the jury and prejudice them against the defendant. Held that this ground of the motion set out no reason for reversal. It failed either to set forth the charge which the court actually gave, or to show why it was contrary to law. There was some evidence indicating that the accused and another person were connected with the crime, and the charge which the court gave may have been appropriate.

The verdict was supported by the evidence.

Error from Superior Court, White County; J. J. Kimsey, Judge.

Bob Williams was convicted of crime, and brings error. Affirmed.

C. H. Edwards, G. S. Kytle, and J. W. H. Underwood, for plaintiff in error.

W. A. Charters, Sol. Gen., for the State.

LUMPKIN, J.

Judgment affirmed. All the Justices concurring.