Georgia Court of Appeals, 1935

Malloy v. State

Malloy v. State
Georgia Court of Appeals · Decided April 3, 1935 · Uerry
51 Ga. App. 50; 179 S.E. 590; 1935 Ga. App. LEXIS 544

Malloy v. State

Opinion of the Court

G-uerry, J.

The evidence of the one witness for the State was direct, clear, and unequivocal. He identified the defendant absolutely as the one who robbed him. The defense was the attempted establishment of an alibi. It was sufficiently shown if the evidence had been accepted by the jury. The jury saw fit to believe the evidence of the State and reject that of the defendant. This court is without authority in such a case to grant a new trial.

Judgment affb'med.

Broyles, O. J., and Muelntyre, J., conciw.

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