164 Ga. 88 | Ga. | 1927
W. F. Colley was indicted for the offense of rape alleged to have been committed upon a female eleven years of age. The jury found him guilty, with a recommendation to mercy, and fixed his punishment at from five to fifteen years in the penitentiary; and he was sentenced accordingly. His motion for a new trial was overruled, and he excepted.
Ground one of the amendment to the motion for new trial complains that the court erred in permitting the jury while trying the case to leave the County of DeKalb where the case was pending, go into an adjoining county, stop at a hotel in the City of Atlanta, go to a theater performance, and ride around the city in automobiles furnished by one or two members of the jury. The ground contains this allegation: “It is true that the court submitted to the defendant and movant, and his .counsel, the question of whether or not they would consent for these auto rides, for this going out of the county for a visit to the theater, etc., and movant and his counsel had either to give offense to the members of the jury, by refusing the request the jurors made, or else consent, and they consented, although they say they did not consent of their own free will, but that the presence of the jurors while the request was' made compelled them to consent.” Movant says that the error committed by the court consisted in his allowing
Special ground 2 of the motion' complains that the court erred in recharging the jury at its request, at a late hour at night, after he had first given them in charge the law relative to punish
Other headnotes require no elaboration.
The verdict was authorized by the evidence, and the court did not err in refusing a new trial.
Judgment affirmed.