27 S.E.2d 564 | Ga. Ct. App. | 1943
The court did not err in overruling the motion for new trial, for any reason assigned.
His motion for a new trial, containing the general and two special grounds, was overruled, and he excepted.
The effect of the argument of able counsel for the plaintiff in error is construed as an express abandonment of the general grounds of the motion for new trial. The first special ground is to the effect that after the jury had been considering the case for "some 40 minutes," the court instructed the bailiff to inquire "if the jury had reached a verdict or were likely to reach a verdict." After inquiry, the bailiff reported that the jury had not reached a verdict After waiting approximately 40 minutes, the court again directed the bailiff to make the same inquiry of the jury. On the last occasion the bailiff reported that the jury said "they would be ready in a few minutes," and in a short while they returned with the verdict of guilty. The defendant assigned error on the ground that it *111 was "harmful, unfair, and prejudicial, to send a bailiff to inquire of the jury if they had reached a verdict in some 40 minutes after they had retired to consider a verdict and send him back in 40 minutes again to inquire; and insists that it coerced the jury and influenced the jury against movant, was prejudicial to his rights, had a tendency to influence the jury and cause them to believe and think that the court thought the defendant was guilty, and wanted the jury to convict and deprive the movant of a fair and impartial trial; and was prejudicial to him and error as he contends."
The second special ground complains that the sentence of twelve months at the state farm, to be suspended upon the payment of a fine of $750, was unreasonable and unfair. It is contended that the $750, fine was excessive, out of proportion and not commensurate with the alleged offense, even though the defendant was guilty. As to this ground of the motion, it was stated in the argument of counsel for the plaintiff in error: "Whether that could be a ground for a reversal or not, it should be considered in view of the fact that we think the jury was influenced by the trial judge in thinking the defendant guilty." It will therefore be observed that the assignments of error are reduced by the argument of counsel to one question only, and that is whether the court committed reversible error in having the foregoing inquiries made of the jury. Plaintiff in error cites Gilbert v.State,
Judgment affirmed. Broyles, C. J., and MacIntyre, J., concur.