Georgia Court of Appeals, 1938

Elrod v. State

Elrod v. State
Georgia Court of Appeals · Decided February 3, 1938 · Bboyles
57 Ga. App. 264; 195 S.E. 217; 1938 Ga. App. LEXIS 558

Elrod v. State

Opinion of the Court

Bboyles, C. J.

1. The ruling upon the special demurrer to the indictment (sustaining it in part, but refusing to quash the indictment) was not error for any reason assigned.

2. Under repeated rulings of the Supreme Court and this court, the sufficiency of the evidence to sustain the verdict can not be considered by the reviewing court where no brief of the evidence is specified as part of the record to be transmitted to the court, and where the transcript of the record contains no such brief.

3. The special assignments of error show no cause for a new trial.

Judgment affirmed.

Maelntyre and Guerry, JJ., concur. Charles Pigue, for plaintiff: in error. PL. G. Vandiviere, solicitor-general, contra.

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