Legal Opinion

Crayton v. State

Court of Appeals of Georgia

Decided March 8, 1921No. 12014PublishedCited by 1 opinion

Accusation of cheating and swindling; from city court of Sparta — Judge Lewis. November 12, 1920. On the ground that an opinion as to what had been proved was expressed by the court in the phrase, “$3 was received by the defendant in this case, at the time he did receive it, ” the defendant, in an amendment to the motion for a new trial, alleged that the court erred in charging the jury that before they would be authorized to find the defendant guilty, they “would have to…

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Accusation of cheating and swindling; from city court of Sparta — Judge Lewis. November 12, 1920. On the ground that an opinion as to what had been proved was expressed by the court in the phrase, “$3 was received by the defendant in this case, at the time he did receive it, ” the defendant, in an amendment to the motion for a new trial, alleged that the court erred in charging the jury that before they would be authorized to find the defendant guilty, they “would have to believe that the money charged in this accusation, $3, was received by the defendant in this case, at the time he did…

1Opinion of the CourtBroyles, C. J.

1. Before exceptions pendente lite can be considered by this court, error must have been assigned in the main bill of exceptions upon the exceptions pendente lite, and not merely upon the judgment complained of in the exceptions pendente lite, or such' an assignment must be made, by the permission of this court, before the argument of the case here. Ponder v. State, 25 Ga. App. 768 (105 S. E. 318), and authorities cited. Under this ruling the bill of exceptions in the instant' case contained no proper assignment of error upon the exceptions pendente lite, and they therefore cannot be…

2Cases cited2 opinions

  1. Ponder v. StateCourt of Appeals of Georgia · 1920
  2. Ashley v. StateCourt of Appeals of Georgia · 1918

3Cited by1 opinion

  1. Banton v. StateCourt of Appeals of Georgia · 1938

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