Latimore v. State
Supreme Court of Georgia
Criminal law. Practice in- the Supreme Court. New trial. Newly discovered evidence. Before Judge JjAwson Wilkinson Superior Court. April Term, 1879. Latimore was placed on trial for the offense of burglary. To the indictment he demurred because it embraced two totally distinct and incompatible offenses, to-wit: burglary in the night-time and simple larceny. The demurrer was overruled. The trial resulted in a verdict of guilty.
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Criminal law. Practice in- the Supreme Court. New trial. Newly discovered evidence. Before Judge JjAwson Wilkinson Superior Court. April Term, 1879. Latimore was placed on trial for the offense of burglary. To the indictment he demurred because it embraced two totally distinct and incompatible offenses, to-wit: burglary in the night-time and simple larceny. The demurrer was overruled. The trial resulted in a verdict of guilty. He moved for a new trial because the verdict was contrary to law, evidence and the charge of the court, and because of certain newly discovered evidence. The ruling…
1Opinion of the Court
Bleckley, Justice.
1. The ruling upon the demurrer is not here for review, because not excepted to. No error is assigned upon it, and it is not embraced in the motion for a new trial. In strict practice, perhaps, a decision upon demurrer is not proper matter to be included in the motion, 17 Ga., 96 ; but it is not uncommon to give it a place there, and had it been done in this instance, we could possibly have dealt with it. On the actual state of the record and bill of exceptions, however, the overruling of the demurrer seems to have been acquiesced in, and there we leave it.
*5602. The newly…
2Cases cited2 opinions
- Griffin v. Justices of the Inferior CourtSupreme Court of Georgia · 1855
- Brown v. StateSupreme Court of Georgia · 1878
3Cited by1 opinion
- Hambrick v. NovaCourt of Appeals of Georgia · 1965