Bennett v. The State., 107 Ga. App. 284, 129 S.E.2d 820 (1963)

Georgia Court Of Appeals, (January 22, 1963)

Docket number: 39901
DECIDED

NICHOLS, Presiding Judge. - DECIDED
Permanent Link: http://vlex.com/vid/bennett-v-the-state-20491235
Id. vLex: VLEX-20491235

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Summary:

Judgment affirmed. Frankum and Jordan, JJ., concur.

Citations:

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Cited by:

Georgia Court Of Appeals - Fowler v. The State., 179 Ga. App. 492, 347 S.E.2d 322 (1986)

Supreme Court of Georgia - SMITH v. THE STATE., 244 Ga. 814, 262 S.E.2.d 116 (1979)

Text:

Robert L. Cork, for plaintiff in error.

The defendant was indicted, tried and convicted for stealing three hogs. The indictment alleged an alias and the defendant made a motion on the call of the case to strike the alias from the indictment. This motion was overruled and after the adverse verdict the defendant's amended motion for new trial was overruled. Error is now assigned on the judgments adverse to the defendant. Held:

1. A grand jury may indict an accused under an alias dictus. Jenkins v. State, 211 Ga. 373, 379 (86 SE2d 311).

3. No harmful error is shown in a case where, after the witnesses have been sequestered, the solicitor general interviews a witness before placing him on the stand in the absence of an allegation that such witness was informed of what other witnesses had testified or what he was expected to testify. General Oglethorpe Hotel Co. v. Lanier, 99 Ga. App. 401 (108 SE2d 769).

4. " 'There is no provision of law for the court in the trial of a criminal case to entertain a motion for a judgment of not guilty notwithstanding a verdict of guilty.' Wilson v. State, 215 Ga. 775 (113 SE2d 607)." Austin v. State, 104 Ga. App. 795 (1) (122 SE2d 926).

5. The evidence authorized the verdict of guilty.

Vickers Neugent, Solicitor General, contra.

1963

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