Elder v. State
Supreme Court of Georgia
New trial. Before Judge Hopkins. Fulton Superior Court. October Term, 1873. John Elder was indicted for the offense of perjury, alleged to have been committed in May, 1872, upon the trial of Frank IT. Hall for an assault with intent to commit murder. He pleaded not guilty.
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New trial. Before Judge Hopkins. Fulton Superior Court. October Term, 1873. John Elder was indicted for the offense of perjury, alleged to have been committed in May, 1872, upon the trial of Frank IT. Hall for an assault with intent to commit murder. He pleaded not guilty. Substantially the following evidence was introduced: Thomas Spencer, the stenographic reporter, who took down the testimony upon the trial of Hall, testified that a witness by the name of John Elder was sworn upon said trial, but whether the defendant was such person he was unable to state; that from his short-hand notes he…
1Opinion of the Court
McCay, Judge.
We have gone carefully over the evidence contained in this record, but we are unable to find any such a state of facts as will justify us in ordering a new trial. We have so often announced that we do not judge it to be within the sphere of our duties to reverse a judgment of the circuit judge refusing a new trial on the evidence, where the facts are such that a fair mind might honestly come to the same conclusion as the jury, that we will not attempt, at this time, to reassert the rule' or to give our reasons for it. Without question, if Isaiah Sanford tells the truth, this…
2Cited by3 opinions
- Heflin v. StateSupreme Court of Georgia · 1891
- Slappey v. StateCourt of Appeals of Georgia · 1934
- Tremble v. StateCourt of Appeals of Georgia · 1919