35 S.E.2d 383 | Ga. Ct. App. | 1945
1. "Every fact or circumstance serving to elucidate or throw light upon the issue being tried, constitutes proper evidence in the case."
2. The current authority in this State is, in cases of doubt as to the admissibility *849 of evidence, to admit it, and leave its weight and effect to be determined by the jury. Here, the judge did not commit reversible error in admitting the testimony excepted to, for the reasons urged in the only ground of the amendment to the motion for a new trial.
3. The evidence supports the verdict.
If, in fact, the defendant had the paper money in her possession at the time of the search, and a part of the money was the one-dollar bills given to a negro by the sheriff with which to buy whisky, this fact, while not decisive, would be a circumstance which the jury would be authorized to consider, together with the other circumstances, in making their verdict. The fact that, at the time the officers were searching for the three marked one-dollar bills in question, the defendant denied that she had any paper money (which, of course, was a denial that she had the three marked bills), and later she inadvertently or deliberately, when she thought the $100 in paper money was missing from her place of business, stated to the sheriff that she had such paper money at the time of the search and that it was now missing — this, if the jury believed from the whole evidence that she concealed the paper money in order to prevent the officers from discovering the marked bills, would have made the testimony relevant, and its weight and effect would be for determination by the jury. The jury would have been authorized to find that it confirmed the State's testimony, or, at least, weakened the defendant's case. Keener v. State,
2. The evidence authorized the verdict.
Judgment affirmed. Broyles, C. J., and Gardner, J., concur. *852