Doughty v. McMillan
96 Ga. 752
Ga.
1895
Check Treatment
Atkinson, J.

Where the trial judge, in his charge to the jury, while giving certain instructions as to admissions, inadvertently used the name of a witness, where he intended to use the name of another person not a witness, and granted a new trial upon the ground that the jury might have been misled by such confusion of names, this court will not control his discretion in granting a new trial, unless the verdict be demanded by the evidence. In this case the evidence being conflicting, the discretion of the judge in granting a new trial will not be disturbed. Judgment affirmed..