Georgia Reports Volume 140

Georgia Reports Volume 140

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1914 edition. Excerpt: ...and beyond a reasonable doubt of the material allegations in the bill of indictment, or if you have any reasonable doubt in this case, it would be your duty to give the benefit of that doubt to the defendant and acquit him." Held, that the charge in regard to homicide by accident was not error on the ground that it destroyed the effect of the charge on the law of reasonable doubt. Penal Code, 40.. The evidence alleged to have been newly discovered was not of such character as would be likely to produce a different result on another trial. Srochi V. Ventrees, ante, 345 (78 S. E. 1003).. The evidence authorized the verdict, and the discretion of the trial judge in refusing to grant a new trial will not be disturbed. Judgment affirmed. All the Justices concur. Auousr 12, 1913. Indictment for murder. Before Judge J. B. Park. Morgan superior court. April 23, 1913. J. M. Merritt, for plaintif f in error. T. S. Felder, atto-may-gem eral, and J. E. Pottle, solicitor-general, contra. ALLEN v. THE STATE. BECK, J. 1. It does not appear that there was any abuse of discretion in overruling a motion for a continuance in the present case, there being no showing on the part of the movant that the absent witness resided in the county in which the case was pending, or even in this State. Motions for continuances are peculiarly within the discretion of the trial court, and that discretion will not be controlled by this court unless it has been manifestly abused. Hardy v. State, 117 Ga. 40 (43 S. E. 434). 2. The court did not err in charging the jury that "in prosecutions for rape the fact that the woman made complaint soon after the assault took place is evidence, but the particulars of the complaint can not be gone into." This was...
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Product details

  • Paperback | 416 pages
  • 189 x 246 x 22mm | 739g
  • United States
  • English
  • black & white illustrations
  • 1236798546
  • 9781236798541