21 Ga. App. 184 | Ga. Ct. App. | 1917
■ 1. The special grounds of the motion fór a new trial are all based upon alleged errors of the court in charging in reference to “conspiracy.” The plaintiff in error insists that ■the facts do not authorize a charge on conspiracy, and that the portion of the charge in reference thereto was argumentative; that the judge expressed an opinion on the facts, and that the charge “authorized the jury to find movant guilty without movant having participated in the act of assault made by Staples upon Sudderth.” The charge is not argumentative. Nowhere in it do we find that the judge expressed or intimated an opinion on the facts. Nor is it erroneous for the other reason stated: The judge.
2. The evidence authorized the verdict, and the judge properly refused a new trial,
Judgment affirmed.