Berry v. State

The defendant was convicted in the criminal court of Fulton County of the offense of vagrancy. Subsequently his certiorari was overruled by a judge of the superior court, and that judgment is assigned as error. The first assignment of error in the petition for certiorari is that the verdict and sentence are contrary to law and the evidence.

The evidence, while somewhat conflicting, authorized the verdict and sentence. The defendant’s statement to the jury would have authorized an acquittal; but evidently his statement was rejected by the jury. Error is also assigned on the refusal of the court…