Powell v. State
Court of Appeals of Georgia
Indictment for assault with intent to murder; from Macon superior court—Judge Littlejohn. January 12, 1920. The indictments referred to in paragraph 1 of the decision were against Andrew Humph, and in the motion for a new trial it was contended that they were admissible as evidence (1) for the purpose of impeaching Doc Newsome, the prosecutor in this case, (2) because they threw light on the defendant’s contention that the pistol used in shooting Doc Newsome Jr. (whom the…
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Indictment for assault with intent to murder; from Macon superior court—Judge Littlejohn. January 12, 1920. The indictments referred to in paragraph 1 of the decision were against Andrew Humph, and in the motion for a new trial it was contended that they were admissible as evidence (1) for the purpose of impeaching Doc Newsome, the prosecutor in this case, (2) because they threw light on the defendant’s contention that the pistol used in shooting Doc Newsome Jr. (whom the defendant was charged with shooting) belonged to Andrew Kumph, (3) because they threw light on the defendant’s contention…
1Opinion of the CourtBroyles, C. J.
1. Under the facts of the case the court did not, for any reason assigned, err in excluding from the evidence two indictments against a third person. ,
2. As the name of the witness is not given in the 6th and 7th grounds of the motion for a new trial, complaining of the admission of certain testimony, these grounds can not be considered.
3. The 8th ground of the motion for a new trial is not complete in itself, a reference to the preceding ground being necessary to understand it. Under repeated rulings of the Supreme Court and of this court, such a ground can not be considered by this court.
4.…
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