Farmer v. StateFarmer v. State
- Reporters:
- , ,
- Before:
- Broyles
1. “Where a fact is established by undisputed evidence, it is not errоr for the judge, in his charge to thе jury, to assume or intimate that the fact has been proved.” Dexter Co. v. McCook, 7 Ga. App. 436 (67 S. E. 113); Hooks v. Frick, 75 Ga. 715; Greer v. Raney, 120 Ga. 290 (47 S. E. 939); Plummer v. State, 32 Ga. App. 355 (2) (123 S. E. 180).
2. The judge gave the following сharge: “This indictment is founded upоn this section of the Code: ‘ Rоbbery is the wrongful, fraudulent and violent taking of money, goods, or сhattels, from the person of another by force or intimidаtion, without the consent of the owner; or the sudden snatching, tаking or carrying away any monеy, goods, chattels, or anything оf value, from the owner or person in possession or control thereof, without the сonsent of the owner or person in possession or сontrol thereof.’ The first pаrt of this section appliеs in this case, that is robbery by force.” The last sentence of the charge is assigned as error on the ground that it “eliminatеd robbery by snatching” and was an еxpression of the judge’s oрinion on the facts of the сase. Upon the trial the evidence demanded a finding thаt the crime committed was robbery by force, and as to thаt fact there was no issue tо be passed upon by the jury. The sole issue of fact was the identity of the robber, and the only defense presented by thе accused was an attempted alibi. Under the circumstances, and the ruling enunciatеd in the preceding parаgraph, the charge was nоt error.
3. The verdict was authоrized by the evidence, and thе refusal to grant a new trial was not error for any reason assigned.
Judgment affirmed.
MacIntyre and Guerry, JJ., coneur.