Brown v. State
Court of Appeals of Georgia
Indictment for larceny of automobile; from Fulton superior court- — Judge Humphries. December 4, 1930. Application for certiorari was denied by the Supreme Court. Paragraph 1 of the decision relates to the following ground of the motion for a new trial: “ Because the judge erred in refusing to allow the defendant to exhibit his limb to the jury, thereby showing physical evidence that he was ’incapable of driving an automobile.”
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Indictment for larceny of automobile; from Fulton superior court- — Judge Humphries. December 4, 1930. Application for certiorari was denied by the Supreme Court. Paragraph 1 of the decision relates to the following ground of the motion for a new trial: “ Because the judge erred in refusing to allow the defendant to exhibit his limb to the jury, thereby showing physical evidence that he was ’incapable of driving an automobile.” From the record it appears that the limb referred to was a leg. In his statement at the trial the defendant said: “ My leg has been broken. I have got a stiff leg, and…
1Opinion of the CourtBroyles, C. J.
1. It does not appear that the judge abused his discretion “ in refusing to allow the defendant to exhibit his limb to the jury ” during the trial of the case.
2. The charge of the court upon the subject of alibi was substantially correct and was not error for any reason assigned.
3. The ground of the motion for a new trial, complaining of the refusal of a certain request to charge, can not be considered, as it is not stated in the ground that the request was tendered the court before the jury retired to consider the case. Seaboard Air-Line Railway v. Barrow, 18 Ga. App. 261(4) (89 S. E. 383).
4.…
2Cases cited3 opinions
- Seaboard Air-Line Railway v. BarrowCourt of Appeals of Georgia · 1916
- Jones v. StateCourt of Appeals of Georgia · 1919
- Presley v. StateCourt of Appeals of Georgia · 1919
3Cited by1 opinion
- Hornbuckle v. StateCourt of Appeals of Georgia · 1947