Georgia Court of Appeals, 1937

Jackson v. State

Georgia Court of Appeals · Decided September 10, 1937 · MacIntyre

56 Ga. App. 392; 192 S.E. 630; 1937 Ga. App. LEXIS 373

Cases that cite this one

7 later published cases cite this decision.

Huey v. Lagrange Motors Inc. (Ga. Ct. App. 1949)
Nashville, Chattanooga & St. Louis Ry. v. Ham (Ga. Ct. App. 1948)
Fite v. McEntyre (Ga. Ct. App. 1948)
Moore v. Smith (Ga. Ct. App. 1948)
Brown v. State (Ga. Ct. App. 1946)
Holton v. State (Ga. Ct. App. 1940)
Prosser v. State (Ga. Ct. App. 1939)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

MacIntyre, J.

1. Where a motion for new trial contains only the general grounds, and the record discloses that the evidence for the State, if credible, was sufficient to support the verdict, the jury being the judges of the weight of the evidence, this court can not disturb the judgment of the trial court. Puckett v. State, 159 Ga. 230 (125 S. E. 208); Hudgins v. State, 2 Ga. 173 (5). “The law allows [the trial judge] to refuse or grant new trials in the exercise of a legal discretion, but *393it does not give this court ally discretion in the matter. It can only grant new trials where errors of law have been committed, or when the trial judge has abused his discretion in refusing a now trial.” Smith v. State, 91 Ga. 188 (17 S. E. 68).

Decided September 10, 1937. E. W. Roberts, for plaintiffs in error. Henry H. West, solicitor-general, contra.

2. The judge having approved the verdict, we can not say that he abused his discretion in overruling the motion for new trial.

Judgment affirmed.

Broyles, G. J., and Guerry, J., eoneur.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.