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Claughton v. State
179 Ga. 157
Ga.
1934
Check Treatment
Gilbert, J.

1. A motion to set aside a verdict and judgment is not an appropriate remedy in a criminal case. McDonald v. State, 126 Ga. 536 (55 S. E. 235); Brown v. State, 150 Ga. 585 (104 S. E. 428); Hughes v. State, 159 Ga. 818 (5) (127 S. E. 109); Gravitt v. State, 165 Ga. 779 (3) (142 S. E. 100).

2. A motion for new trial is an available remedy to the defendant for setting aside the verdict in a criminal case. The motions in these eases can not be construed as motions for new trials; but if such construction were possible, the motions would be fatally defective for the reason that no brief of evidence was approved, filed, and made part of the record. Civil Code (1910), §§ 6089, 6306.

3. The court did not err in overruling the motions.

Judgments ajJU-med.

All the Justices concur.

Case Details

Case Name: Claughton v. State
Court Name: Supreme Court of Georgia
Date Published: Jul 11, 1934
Citation: 179 Ga. 157
Docket Number: Nos. 10221, 10222
Court Abbreviation: Ga.
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