Georgia Court of Appeals, 1928

Gooch v. State

Gooch v. State
Georgia Court of Appeals · Decided November 14, 1928 · Oodwortii
38 Ga. App. 753; 145 S.E. 473; 1928 Ga. App. LEXIS 434

Gooch v. State

Opinion of the Court

Bt.oodwortii, J.

1. A motion for a continuance because of absence of a witness was overruled. Even if it be conceded that the motion to continue was a good one, a new trial should not be ordered, as the ground of the motion for a new trial in which this ruling is complained of shows that β€œthe court issued attachment and. the witness was brought into court before the trial.”

2. Under the qualifying notes of the trial judge to grounds 5, 6, and 7 of the motion for a new trial, there is nothing in either of these grounds that requires the grant of a new trial.

3. There is no merit in ground 8.

4. When all the facts are considered, the court did not err in refusing to declare a mistrial.

5. This court can not say that there is no evidence to support the verdict; and the motion for a new trial was properly overruled.

Judgment affirmed.

Broyles, G. J., and Luke, J., concur.

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