Roane v. State
Supreme Court of Georgia
Indictment for assault and battery. Before Judge Kimsey. Rabun superior court. February term, 1895. The indictment was against 'W. F. Roane and his sons Alex, and Marvin. Marvin was acquitted; the other two found guilty.
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Indictment for assault and battery. Before Judge Kimsey. Rabun superior court. February term, 1895. The indictment was against 'W. F. Roane and his sons Alex, and Marvin. Marvin was acquitted; the other two found guilty. They moved for a new trial on the grounds, that the verdict was contrary to law and evidence; and that the court erred in so instructing the jury, as to the form of their verdict, that they could find one or two of the defendants guilty without finding all guilty. W. F. and Alex, testified for each other, and Marvin testified for W. F. and Alex. There was also a ground of…
1Opinion of the CourtLumpkin, J.
1. Where several persons, jointly indicted for an offense which could be committed by one person alone, are tried together, there may, if the evidence so authorizes,, be a lawful conviction of one or more of them without convicting all.
2. The evidence in this case warranted the verdict, and there was no merit in the ground of the motion for a new trial relating to newly discovered evidence. Judgment affirmed.
J ones & Bowden, G. L. Bass and R. A. E. Hamby, for plaintiffs in error. Hoioard Thompson, solicitor-general, and F. M. Johnson, contra.
2Cited by1 opinion
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