Supreme Court of Georgia, 1906

Fears v. State

Fears v. State
Supreme Court of Georgia · Decided July 2, 1906 · Reck
125 Ga. 739; 54 S.E. 667; 1906 Ga. LEXIS 249

Fears v. State

Opinion of the Court

Reck, J.

1. A ground of a motion for a new trial, after conviction in a misdemeanor case, that the fine imposed was excessive, is without merit. Hill v. State, 122 Ga. 166.

2. Where, in the trial of one charged with a misdemeanor, upon arraignment of the prisoner the indictment was read to him by the solicitor-general and a plea of not guilty was entered, no other or more formal arraignment 'was required. Penal Code, § 946; 12 Cye. 344, and citations.

3. The failure to furnish the accused or his counsel with a copy of the indictment and list of witnesses, in the absence of a demand therefor, does not constitute a valid ground for setting aside the verdict of guilty. Penal Code, §945.

4. The evidence authorized the verdict, and the court did not err in refusing a new trial.

Judgment affirmed.

All the Justices concur, except Fish, G. J., absent. O. M. Duke, for plaintiff in error. O. H. B. ■Bloodworth, solicitor-general, and W. P. Bloodworth, contra.

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