Powell v. State
Powell v. State
Opinion of the Court
The defendant was convicted of forgery. His motion for new trial, as amended, was overruled. He excepted. Held:
1. Defendant, by special ground 1 of his motion for new trial, contends that the court erred in allowing certain testimony to remain in evidence over his objection that the testimony was a conclusion. This is the only objection to the testimony. This court held in West Lumber Co. v. Schnuck, 85 Ga. App. 385, 388 (4) (69 SE2d 577): “Ground 5 assigns error on the admission of certain evidence over the objection that the question called for a conclusion. This objection is so vague and general that it was not error for the court to overrule it and admit the testimony. Harris v. State, 69 Ga. App. 872 (27 SE2d 51).” To the same effect see Bernd Co. v. Rahn, 94 Ga. App. 713 (96 SE2d 185); Slater v. Russell, 100 Ga. App. 563 (112 SE2d 178). Accordingly, special ground 1 of the motion is without merit.
2. In special ground 2 of his motion the defendant contends,
3. Special ground 3 complains that the court erred in failing to charge, without a written request, as follows: “An intent to defraud is an essential ingredient in the offense of uttering and publishing a forgery, and the court in this case having omitted to properly instruct the jury that in order to constitute the offense, the intent to defraud must be shown.” Since it is obvious that the above quoted language was not proper as an instruction to the jury, the court did not err in overruling this ground of the motion. American Iron &c. Co. v. National Cylinder Gas Co., 105 Ga. App. 458 (125 SE2d 106), and cases therein cited.
4. The court did not err in overruling any of the other special grounds of the motion for any reason assigned. The evidence authorized the verdict finding the defendant guilty.
Judgment affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.