Legal Opinion

Kelley v. State

Court of Appeals of Georgia

Decided November 4, 1919No. 10805PublishedCited by 1 opinion

Accusation of misdemeanor; from city court of Greenville— Judge Kevill. July 9, 1919.

1Opinion of the CourtBroyles, C. J.

1. The exceptions pendente lite can not be considered, as no error was assigned thereon, either in the main bill of exceptions or in this court by counsel for the plaintiff in error before the case was submitted. Jones v. Ragan, 130 Ga. 653 (7), 655 (71 S. E. 1098).

2. It is well settled that the overruling of a demurrer to an indictment or accusation can not be a ground of a motion for a new trial.

3. The admission of the evidence complained of in the 5th ground of the motion for a new trial was not error for any reason assigned.

4. Under all the facts of the case, including the notes of the…

2Cases cited2 opinions

  1. Spalding County v. Chamberlin & Co.Supreme Court of Georgia · 1908
  2. Jones v. RaganSupreme Court of Georgia · 1911

3Cited by1 opinion

  1. McLeod v. StateCourt of Appeals of Georgia · 1923

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