Georgia Court of Appeals, 1920

Bennett v. State

Bennett v. State
Georgia Court of Appeals · Decided March 10, 1920 · Bloodworth, Luke
25 Ga. App. 504; 103 S.E. 858; 1920 Ga. App. LEXIS 38

Bennett v. State

Opinion of the Court

Bloodworth, J.

“ In this case the motion for a new trial contained only the usual general grounds. There was some slight evidence authorizing the verdict; and the verdict having been approved by the trial judge, under the repeated and uniform rulings of this court and of the Supreme Court a reviewing court is *506powerless to interfere. When the verdict is apparently decidedly against the weight of the evidence, the trial judge has a wide discretion as to granting or refusing a new trial; but whenever there is any evidence, however slight, to support a verdict which has been approved by the trial judge, this court is absolutely without authority to control the judgment of the trial court.” Bradham v. State, 21 Ga. App. 510 (94 S. E. 618), and cit.

Judgment affirmed.

Broyles, C. J., concurs.

Dissenting Opinion

Luke, J.,

dissenting. I do not agree with the majority view that the evidence in the ease supports the verdict. The defendant was charged with criminal trespass. The evidence fails to show a wilful trespass as charged.

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