Legal Opinion

Shelton v. State

Court of Appeals of Georgia

Decided October 20, 1914No. 5797PublishedCited by 2 opinions

Conviction of assault; from Morgan superior court—Judge Park. May 9, 1914.

1Opinion of the CourtWade, J.

1. The jury are the sole judges as to the credibility of witnesses. The evidence of the woman alleged to have been assaulted was direct and positive, there were circumstances proved which tended to corroborate her story, and, the jury having resolved the questions, of fact against the defendant, this court is without inclination or lawful authority to set aside their finding.

2. In the absence of a timely written request, the failure of the court to charge the jury on a theory of defense raised solely by the defendant’s statement was not error. Allen v. State, 134 Ga. 380 (67 S. E. 1038) ;…

2Cases cited4 opinions

  1. Watson v. StateSupreme Court of Georgia · 1911
  2. Allen v. StateSupreme Court of Georgia · 1910
  3. Jackson v. StateCourt of Appeals of Georgia · 1914
  4. Robinson v. StateSupreme Court of Georgia · 1910

3Cited by2 opinions

  1. Bryant v. StateCourt of Appeals of Georgia · 1914
  2. Jones v. StateCourt of Appeals of Georgia · 1915

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