Cross v. State
Supreme Court of Georgia
Motion for new trial. Before Judge Thomas. Bibb superior court. May 8, 1920. H. Lee Cross was tried during the February, 1920, term of Bibb superior court, under an indictment charging murder. Yerdict of guilty, with recommendation, was returned. A motion for new trial was made.
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Motion for new trial. Before Judge Thomas. Bibb superior court. May 8, 1920. H. Lee Cross was tried during the February, 1920, term of Bibb superior court, under an indictment charging murder. Yerdict of guilty, with recommendation, was returned. A motion for new trial was made. At the hearing upon the same, counsel for the State presented a written motion to dismiss the motion for a new trial, upon the following grounds: (1) That no valid motion for new trial had been filed in Bibb superior court or presented to the judge presiding in that court during the February, 1920, term of said court.…
1Opinion of the CourtGilbert, J.
1. “ The order of the judge overruling the motion for a new trial after having dismissed the same was a mere nullity.” Hopkins v. Jackson, 147 Ga. 821 (2), 823 (95 S. E. 675).
2. According to the principle ruled in Pendergrass v. Duke, 140 Ga. 550, 552 (79 S. E. 129), the judgment dismissing the motion for a new trial was not erroneous.
(а) The facts shown in the record do not amount to a waiver, on thp part of the solicitor-general, of the filing of a brief of evidence as required by law, the written motion to dismiss having been presented during the hearing on the merits of the motion for a…
2Cases cited3 opinions
- Garraux v. RossSupreme Court of Georgia · 1920
- Pendergrass v. DukeSupreme Court of Georgia · 1913
- Hopkins v. JacksonSupreme Court of Georgia · 1918
3Cited by7 opinions
- Blakely Hardwood Lumber Co. v. Reynolds Bros. Lumber Co.Supreme Court of Georgia · 1931
- Hogan v. StateSupreme Court of Georgia · 1965
- Miller v. ParksCourt of Appeals of Georgia · 1971
- Carmichael v. City of JacksonSupreme Court of Georgia · 1942
- Harper v. Southern Railway Co.Supreme Court of Georgia · 1928
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