33 Ga. App. 593 | Ga. Ct. App. | 1925
We Avill elaborate the second headnote only. One of the grounds of the motion for a neAV trial is as follotvs: “Because, after both sides had closed, the court erred in allowing counsel for the State to make the opening and concluding arguments before the court and jury in said case, over the objection of movant, movant then and there having urged the following grounds of objection, to wit: that the only testimony offered by the defendant Avas by the court, on motion of counsel for the State, excluded from the consideration of the jury; that the defendant had introduced no testimony, but on the other hand had offered to introduce certain testimony Avhicli the court would not allow to go to the jury; that the defendant, having introduced no testimony, Avas therefore entitled to the opening and concluding argument before the court and jury; Aidiich objection the court then and there' overruled.” To this ground the trial judge attached the following' note: “The defendant put in evidence the evidence set out in ground 4. At the conclusion of the testimony of the Avitness the State moved tó exclude the evidence, and the motion was sustained.” In Haywood v. State, 14 Ga. App. 114 (80 S. E. 213), this court’ held: “Where in a criminal case the accused introduces no testi
The evidence in this case shows that the defendant had been living in a certain house for a year or two, and that while he was there sick in bed the officer found under this house a pipe some two inches in diameter, running up through a brick “pillow.” “The lower end of the pipe was connected to a sixty-gallon barrel. The barrel was buried in the ground.55 The officers dug it out. “It contained nearly sixty gallons of ‘’moonshine5 whisky. The upper end of the pipe stopped just under the dining-room floor, and was covered with a cap that screwed on and off. The dining-room floor was covered with a linoleum rug. Near the middle of the room and under the rug a small hole was cut through the floor just above the top of the pipe. There was a piece of wood that just fitted into the hole in the floor.. By the use of a pump whisky could have been pumped up through the pipe from the barrel.55 A witness swore that after the officers had found the sixty-gallon barrel under the house, he went in the room where the defendant was and told him of the discovery, and the accused said: “Yes,. it5s full. You are going to have a hard time getting it out.55 This was not denied by the accused. In Hagar v. State, 71 Ga. 164, Chief Justice Jackson, after citing several cases, said (p. 168) : “The above cases show a strong current of opinions against new trials where the verdict is right, though error may have been committed by the court.55
As the evidence in this case demanded the verdict rendered, the judgment is
Affirmed.