Legal Opinion

Ralph v. State

Court of Appeals of Georgia

Decided May 11, 1921No. 12242PublishedCited by 1 opinion

Indictment for receiving stolen goods; from Stewart superior court — Judge Littlejohn. January 27, 1921. In special ground 4 of the motion for a new trial an instruction to the jury substantially in the language of section 1013 of the Penal Code (1910) is complained of on the ground that this case rests "entirely, or almost entirely, upon circumstantial evidence,” and that "a strict charge on circumstantial evidence should have been given.”

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Indictment for receiving stolen goods; from Stewart superior court — Judge Littlejohn. January 27, 1921. In special ground 4 of the motion for a new trial an instruction to the jury substantially in the language of section 1013 of the Penal Code (1910) is complained of on the ground that this case rests "entirely, or almost entirely, upon circumstantial evidence,” and that "a strict charge on circumstantial evidence should have been given.” In a note to this ground the judge stated that "the-charge will show that the court charged the law on circumstantial evidence.” To an instruction that…

1Opinion of the CourtBloodworth, J.

1. Special grounds 4 and 5 of the motion for new trial contain each an excerpt from the charge of the court which states a correct proposition of law, and “a charge embracing an abstractly correct principle of law applicable to the ease is not rendered erroneous merely because of the failure of the court to charge some other and further legal pertinent principle of law in connection therewith.” Atlanta & West Point Railroad Co. v. Miller, 23 Ga. App. 350 (3) (98 S. E. 62), and cases cited; Gunn v. State, 23 Ga. App. 545 (3) (99 S. E. 62), and cases cited. Moreover, the qualifying note of the…

2Cases cited4 opinions

  1. Key v. StateCourt of Appeals of Georgia · 1918
  2. Atlanta & West Point Railroad v. MillerCourt of Appeals of Georgia · 1919
  3. Gunn v. StateCourt of Appeals of Georgia · 1919
  4. Crumley v. StateCourt of Appeals of Georgia · 1919

3Cited by1 opinion

  1. Gillikin v. BurbageSupreme Court of North Carolina · 1965

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