Legal Opinion

Cummings v. State

Court of Appeals of Georgia

Decided June 18, 1962No. 39562Published

1Opinion of the Court

Nichols, Presiding Judge.

The defendant was tried and convicted of the offense of possessing non-tax-paid whisky. Error is assigned on the judgment of the trial court overruling the defendant’s motion for new trial based on the usual general grounds and one special ground. Held:

1. Where oral testimony is admitted over objection a ground of a motion for new trial assigning error thereon is incomplete where the name of the witness is not shown. Hunter v. State, 148 Ga. 566 (97 SE 523); Childers v. State, 100 Ga. App. 255, 259 (110 SE2d 697). Accordingly, the one special ground of the defendant’s…

2Cases cited4 opinions

  1. Hunter v. StateSupreme Court of Georgia · 1918
  2. Childers v. StateCourt of Appeals of Georgia · 1959
  3. Gilder v. StateCourt of Appeals of Georgia · 1935
  4. Ridley v. StateCourt of Appeals of Georgia · 1956

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