131 Ga. 770 | Ga. | 1909
At the September term, 1908, of the superior court of Spalding county, Jack Cain was convicted of the crime of murder. During the term he made a motion for a new trial, upon the grounds that (1) the verdict is contrary to evidence and without evidence to support it; (2) the verdict is decidedly and strongly against the weight of evidence; and (3) the verdict is contrary to law and the principles of justice and equity; upon which -motion the court granted a rule nisi calling upon the solicitor-general to show cause why the motion should not be granted.
When a motion for a new trial is ripe for hearing, and no brief of evidence has been filed, the proper practice is to dismiss the motion. Moxley v. Ga. Ry. & El. Co., 122 Ga. 493 (50 S. E. 339). Without a brief of evidence the motion is incomplete. There was no request for a continuance of the motion, or for any extension of time within which to file a brief of evidence. As the legal effect of the judgment is the same as one of dismissal, and as no question not dependent on the evidence is presented by the bill of exceptions for decision, the judgment of the superior court is
Affirmed.