7 Ga. App. 690 | Ga. Ct. App. | 1910
We wish that the trial judge had granted a new trial in this case, for we are strongly impressed that this old negro may not be guilty; and we feel, too, that his ignorance is largely responsible for his having been convicted, — that is to say, that if,
We are not speaking thus merely to relieve our personal feelings. We have a purpose. First, we wish to call the attention of the bar and of the trial judges to the difference between the functions of the trial court and of this court as to such matters. And then, we do it as a matter of justice to the old negro — in the hope that the pardoning power will look into the facts of the case carefully. Judgment affirmed.