12 Ga. App. 635 | Ga. Ct. App. | 1913
The plaintiff in error concedes that the evidence adduced upon the trial was sufficient to warrant the verdict finding him guilty; and hence we need only to consider the special grounds of the amendment to' the motion for a new trial. The solicitor-general contends that since the grounds of the amendment to the motion are not specifically approved as true, and as the amendment does not appear to have been filed, the errors therein assigned should not be considered by this court. It has frequently been held that an order upon an amendment to a motion for a new trial, in the following language: “The amendment read and allowed; let the same be filed,” is not an approval of the grounds in the amendment, and that an assignment of error in such a paper could not be considered in the reviewing court. However, the order of the trial judge in the present ease makes it plain that he' considered the grounds of the amendment; and certain it is that it does not affirmatively "appear that the point which is here insisted upon, as to
At the trial the defendant made a showing for a continuance, and no counter-showing was made. From this showing it appears that this defendant had three witnesses absent, who he testified had been summoned to court, and the testimony of each of them appears to be material. Especially is this true as to the witness Mary Collins. If her testimony is credible, the defendant is not guilty; and the defendant has a right to have a jury pass upon her credibility. The State’s counsel makes the point that the defendant testified that the witnesses had been “summoned,” instead of saying “subpoenaed.” So far as we are advised, the two words are practically synonymous in common parlance; and if, as a matter of fact, subpoenas had not been issued for these wit
Judgment reversed.