Legal Opinion

Martin v. State

Court of Appeals of Georgia

Decided April 11, 1957No. 36667PublishedCited by 7 opinions

1Opinion of the CourtTownsend, J.

This court has no discretion in the grant of a new trial, nor can it reverse the trial court merely because it may feel that the punishment inflicted, which is within legal limits, is inordinately severe. Where there is a conflict in the testimony of witnesses, their credibility is for the jury, and not this court, to decide. Accordingly the verdict of guilty, based on the testimony of two witnesses, is authorized by the evidence and cannot be set aside here. Aycock v. State, 62 Ga. App. 812 (10 S. E. 2d 84); Britt v. Davis, 53 Ga. App. 783 (187 S. E. 125). That general ground of motions for…

2Cases cited3 opinions

  1. Aycock v. StateCourt of Appeals of Georgia · 1940
  2. Josey v. StateSupreme Court of Georgia · 1943
  3. Britt v. DavisCourt of Appeals of Georgia · 1936

3Cited by7 opinions

  1. Hosch v. StateCourt of Appeals of Georgia · 1987
  2. Crosby Aeromarine, Inc. v. HydeCourt of Appeals of Georgia · 1967
  3. Harris v. StateCourt of Appeals of Georgia · 1988
  4. Smith v. StateCourt of Appeals of Georgia · 1957
  5. Burnet v. BazemoreCourt of Appeals of Georgia · 1970

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