Georgia Court of Appeals, 1931

Mixon v. State

Mixon v. State
Georgia Court of Appeals · Decided April 14, 1931 · Beoti
43 Ga. App. 219; 158 S.E. 375; 1931 Ga. App. LEXIS 264

Mixon v. State

Opinion of the Court

Beoti.es, O. J.

1. Tlie special grounds of the motion for a new trial (several of which are not complete and understandable within themselves) show no material or harmful error.

2. The evidence connecting the defendant with the offense charged, while circumstantial, was sufficient to authorize the jury to find that it excluded every reasonable hypothesis save that of the defendant’s guilt; and, that finding having been approved by the trial judge, and no error of law appearing, this court is without jurisdiction to interfere with his discretion in passing upon the motion for a new trial.

Judgment affirmed.

Luke and Bloodworth, JJ., concur. R. H. Burroughs, for plaintiff in error. J. T. Grice, solicitor-general, contra.

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