57 Ga. 66 | Ga. | 1876
The defendant was indicted for the offense of robbery, and on the trial therefor, was found guilty. A motion was made for a new trial on the several grounds stated therein, which was overruled by the court, and the defendant excepted.
It appears from the record that the indictment contained two counts, the one charging the defendant with the offense of “robbery,” the other charging him with the offense of an “assault and battery.” On being arraigned, the defendant demurred to the indictment on the ground that he was charged therein with two separate and distinct offenses — one of which was a felony, the other only a misdemeanor. The court overruled the demurrer, aud that is one of the grounds of the motion for a new trial.
The court charged the jury, amongst other things, as follows: “Gentlemen of the jury, this case has already consumed too much unnecessary time. I have allowed this prisoner great latitude in introducing evidence at unseasonable times» in order that he might show, if he could, his innocence.” This charge of the court is also one of the errors complained of in the motion for a new trial.
Let the judgment of the court below be reversed.