Wynn v. State
| Decision Date | 11 July 1950 |
| Docket Number | No. 17153,17153 |
| Citation | 60 S.E.2d 767,207 Ga. 141 |
| Parties | WYNN v. STATE. |
| Court | Georgia Supreme Court |
R. Lee Chambers III, George C. Nicholson, Robert J. Golden, all of Augusta, for plaintiff in error.
George Hains, Sol. Gen., W. Inman Curry, F. Frederick Kennedy, all of Augusta, Eugene Cook, Atty. Gen., Robert E. Andrews, Atlanta, for defendant in error.
This is a companion case to that of Cade v. State, No. 17152, Ga., 60 S.E.2d 763, this day decided by this court. The defendant having been convicted of murder, without recommendation, duly filed his motion for a new trial, which was overruled by the trial court. Counsel for the plaintiff in error in this case expressly abandoned the first, second, and third (or the usual general) grounds of the motion for a new trial, and the fifth, sixth, and seventh grounds of the amended motion for new trial, and insist only upon grounds four, eight, and nine of the motion for a new trial as amended. Held:
1. Whether or not it is properly raised in this case, the question sought to be presented by ground four of the amended motion for a new trial has been decided adversely to the contentions of the plaintiff in error by the decision of this court in Cade v. State, No. 17152, supra.
2. In Lucas v. State, 146 Ga. 315, 326, 91 S.E. 72, 77, it is said:
(a) Under the foregoing principle, the trial court did not err, as complained of in ground eight of the amended motion for a new trial, in refusing to declare a mistrial, or in failing to rebuke the solicitor-general, or to instruct the jury to disregard his argument: ...
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Jordan v. State
...Further, the record shows that in defendant's argument reference was made to Whitaker's trial. We find no error here. Wynn v. State, 207 Ga. 141(3), 60 S.E.2d 767 (1950). Defendant urges that Kries' testimony as to Whitaker's conviction was inadmissible in this case and that no waiver shoul......
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Miller v. State
...487, 26 S.E.2d 744; McLendon v. State, 205 Ga. 55, 63, 52 S.E.2d 294; Patterson v. State, 206 Ga. 260(3), 56 S.E.2d 501; Wynn v. State, 207 Ga. 141(3), 60 S.E.2d 767; O'Bryant v. State, 222 Ga. 326, 149 S.E.2d 654. 6. The appellant contends that the court erred in proceeding with his senten......
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Strickland v. State
...v. State, 146 Ga. 315(7), 91 S.E. 72, and as followed unanimously in McLendon v. State, 205 Ga. 55, 52 S.E.2d 294, and Wynn v. State, 207 Ga. 141, 60 S.E.2d 767, there is obviously no merit in this special ground. Those cases hold that, in view of the broad discretion of the jury in recomme......
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Cade v. State
... ... 2. The trial court did not err in overruling the motion for a new trial ... Charles Cade was indicted in Richmond Superior Court for the murder of one J. K. Joe, a Chinese merchant. The record discloses that this defendant, along with Curtis Wynn, Lincoln Mays, James Smith, and Johnny Hardge, formed and carried out a conspiracy to rob the deceased; that the deceased was a Chinaman about fifty years of age, and under the testimony of the coroner's physician, when his body was found, had been [207 Ga. 136] cut across the eyes, face, forehead, ... ...