215 Ga. 857 | Ga. | 1960
Herschell E. Dalton was indicted in Fulton County for the, offense of robbery. The indictment contains three counts, and alleges that the accused committed the offense charged on three different persons by force and by use of an offensive weapon, to wit, a pistol. He was convicted on each count and sentenced to serve the prison terms which the juiy fixed. In due time, he moved for a new trial on the usual general grounds. Later, he presented an amendment to his motion which added four special grounds, and the trial judge entered on it the following order: “The foregoing amendment is ordered filed as a part of the record as of 18th of Dec., 1959.” A new trial was denied on December 29, 1959. Subsequently, the judge granted the following undated order: “The amendment to the motion for new trial made by defendant Herschell E. Dalton in the above stated case, as dealt with in the order of the Court entered on the motion for new trial as amended, whereby new trial was denied, in which order the Court makes recitations of and reference to* the recited facts in each of the grounds of said amendment, is approved. Such approval was made by the Court at the time of overruling of the motion for new trial as amended in and by said order, and this written entry of said approval is now made by the Court as of the date and time of the entry of said order overruling said motion for new trial as amended.” The defendant excepted to the judgment which denied him a new trial. Held:
1. There is no merit in the general grounds of the motion for new trial. As to each count of the indictment, the evidence was amply sufficient to support the jury’s verdict.
2. The grounds of a motion for new trial must be distinctly and unqualifiedly approved by the trial judge before they can be considered by this court. Godsey v. State, 171 Ga. 233 (2) (155 S. E. 28); Gay v. State, 173 Ga. 793 (161 S. E. 603); Brown v. Barnett, 214 Ga. 128 (103 S. E. 2d 556), and the several cases there cited. In this case there is no order which expressly approves or disapproves the special grounds which the amendment to the motion for new trial contains. When the amendment was presented to the trial judge, he simply ordered it filed as a part of the record. The judgment overruling the “motion for new trial as amended” is completely silent as to
Judgment affirmed.