Rogers v. State
Supreme Court of Georgia
Indictment for assault with intent to rape. Before Judge Hutchins. Gwinnett superior court. March term, 1897. The crime was alleged to have been committed upon a child shown by the testimony to be nearly five years old. The motion for new trial was on the general grounds. The only testimony was that of the father of the child. On the day alleged, he passed his lot going to his house about 60 yards distant, and saw defendant in the lot and the child on the lot fence.
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Indictment for assault with intent to rape. Before Judge Hutchins. Gwinnett superior court. March term, 1897. The crime was alleged to have been committed upon a child shown by the testimony to be nearly five years old. The motion for new trial was on the general grounds. The only testimony was that of the father of the child. On the day alleged, he passed his lot going to his house about 60 yards distant, and saw defendant in the lot and the child on the lot fence. Returning shortly afterwards, he heard the child, from insideof a cow-stall at the back of a stable, tell defendantto lether…
1Opinion of the CourtCobb, J.
Applications for new trials on the ground that the verdict of the jury is contrary to evidence are addressed to a sound legal discretion to be exercised by the trial judges. *563When this discretion, has been exercised and the motion for a new trial overruled, this court will not interfere where there is any evidence which would justify the jury in reaching the conclusion which is set forth in the verdict. While in many cases we would probably not have rendered the verdict returned, and, if we were authorized to pass upon the case as on appeal, would render here a different judgment, still under…
2Cited by34 opinions
- McIntyre v. McIntyreSupreme Court of Georgia · 1904
- Merchants & Miners Transportation Co. v. CorcoranCourt of Appeals of Georgia · 1908
- Sims v. StateSupreme Court of Georgia · 1965
- Mills v. StateSupreme Court of Georgia · 1939
- Livingston v. TaylorSupreme Court of Georgia · 1909
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