Ellard v. State

Georgia Court of Appeals
Ellard v. State, 46 Ga. App. 345 (1933)
167 S.E. 724; 1933 Ga. App. LEXIS 58
Guerry

Ellard v. State

Opinion of the Court

Guerry, J.

1. That a verdict rendered on a former trial was attached to the indictment and taken to the jury-room is not cause for a new trial, especially when there was no request to detach, erase, or in some way conceal the former verdict; and in this case the trial judge, in his order allowing the amendment to the motion .for a new trial complaining of such action, states that β€œthe court can not say that counsel for movant did not know of the first verdict.” Allen v. State, 155 Ga. 332 (116 S. E. 534), and cit.; Smalls v. State, 105 Ga. 669 (6) (31 S. E. 571); Jordan v. State, 153 Ga. 167 (111 S. E. 417).

2. The evidence authorized the verdict, no error of law is shown, and the court properly overruled the motion for a new trial.

Judgment affirmed.

Broyles, O. J., and MacIntyre, J., concur.

Reference

Cited By
5 cases
Status
Published