7 Ga. App. 91 | Ga. Ct. App. | 1909
Homer Dougherty was convicted of the crime of seduction; and he brings error to this court, challenging the correctness of the judgment of the lower court in overruling his motion for a new trial. The general grounds of his motion may be disposed of by the statement that while the evidence of his guilt depends entirely upon the testimony of the injured female, her testimony, if
The second excerpt objected to is that the court in charging the jury incorrectly stated in one part of his charge that “persuasion or promise of marriage would be sufficient to authorize a verdict of guilty.” The use of the disjunctive “or” instead of the conjunctive “and” is shown by the context of the charge to have been purely a lapsus, and could not possibly have misled the jury. The court in the charge repeatedly instructed the jury that it required both “persuasion and promise of marriage” to constitute the offense. This incorrect statement of the law, when considered in connection with the entire charge, is manifestly a mere verbal inaccuracy, and for -this reason 'we do not think it of sufficient importance upon which to base a judgment of reversal. Lyle v. State, 69 Ga. 762; Hagar v. State, 71 Ga. 164; Moses v. State, 60 Ga. 139.
The third excerpt objected to is as to the form of the verdict. The court said: “There is one of three verdicts you can render in this case.” It is insisted that this language conveys an intimation from the judge that in his opinion the evidence in the case was sufficient to authorize the jury to find the defendant guilty of the offense of seduction. We think the objection entirely without merit.
As to the ground of newly discovered testimony, we have made a careful and- critical examination of the alleged newly discovered testimony, in connection with the evidence on the trial of the case, and we have reached the conclusion that the ends of justice demand another trial on this ground. As before stated, the guilt of the defendant rests solely on the uncorroborated testimony of the injured girl. She states that the defendant and herself lived on the same farm, and that when she was about fourteen years of age, he began
For the reasons above stated we think the defendant is entitled to a new trial, on the ground of newly discovered evidence.
Judgment reversed.