Legal Opinion

Norred v. State

Supreme Court of Georgia

Decided January 17, 1907PublishedCited by 8 opinions

Motion for new trial. Before Judge Hodnett. City court of ■Carrollton. October 24, 1906. The grounds of the motion for a new trial were approved by the presiding judge on September 4, 1906, and it was ordered that the State show cause on October 16, 1906, why a new trial should not be granted, and that the movant have until that day to prepare and file an amended motion for a new trial, together with a brief of ■evidence in the case.

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Motion for new trial. Before Judge Hodnett. City court of ■Carrollton. October 24, 1906. The grounds of the motion for a new trial were approved by the presiding judge on September 4, 1906, and it was ordered that the State show cause on October 16, 1906, why a new trial should not be granted, and that the movant have until that day to prepare and file an amended motion for a new trial, together with a brief of ■evidence in the case. On October 16 a brief of the evidence, as prepared by the court stenographer, in narrative form, was filed, but was not approved by the court. The hearing of the…

1Opinion of the CourtAtkinson, J.

1. Whether a brief of evidence in a case is a proper brief is a question to be determined primarily by the trial judge; and when the trial judge refuses to approve a brief of evidence, upon the ground that the stenographic report of the evidence was not “briefed as required by law,” but was “presented in a very contradictory' and confused condition,” and that certain documentary evidence introduced was neither copied nor briefed therein, this court will not reverse a judgment dismissing the motion for new trial on account of the failure to present a proper brief of the evidence as required by…

2Cited by8 opinions

  1. Trammell v. MatthewsCourt of Appeals of Georgia · 1952
  2. Grier v. StateSupreme Court of Georgia · 1924
  3. Cannon v. GainesSupreme Court of Georgia · 1945
  4. Graham v. StateCourt of Appeals of Georgia · 1963
  5. Pound v. DunnCourt of Appeals of Georgia · 1960

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