Kirby v. State

1. The defendant was indicted for robbing S. P. Warnock of-a-certain amount of money, the property of A. R. King. Upon th« trial the court did not err in refusing -to exclude the testimony of Warnock that it was his best judgment that the defendant was the mar that held him up and robbed him. “The value of this testimony was for the jury, and the question of identity was a matter wholly for theil determination.” Hunter v. State, 19 Ga. App. 615 (3) (91 S. E. 927) and cit.

2. The second special ground of the motion for a new trial is too defectiv( to be considered, since it is based on an…