26 Ga. App. 481 | Ga. Ct. App. | 1921
1. The instructions as to impeachment of witnesses, complained of in the first ground of the amendment to the motion for a new trial, were authorized by the evidence, and, when considered in connection with the entire charge of the court, present no reason for a reversal.
2. The court properly excluded the testimony complained of in the 2d ground of the amendment to the motion for a new trial.
3. “In order for the exclusion of oral testimony to be considered as a ground of a new trial, it must appear that a pertinent question was asked [italics ours], and that the court ruled out the answer; and that a statement was made to the court at the time, showing what the answer would be; and that such testimony was material, and would have benefited the complaining party.” Griffin v. Henderson, 117 Ga. 382(2) (43 S. E. 712). Under the above ruling the 3d ground of the amendment to the motion for a new trial cannot be considered.
4. Grounds 4 and 5 of the amendment to the motion for a new trial, as ¡¡to the exclusion of evidence, are incomplete and not in proper form for consideration by this court. These grounds, except a copy of an affidavit and a copy of a letter attached thereto as exhibits, are as follows: “ Because the court erred in ruling out the affidavit of Charlie Galloway, sworn to before J. C. Knight, J. P., on the 13th day of April, 1920. This affidavit was offered, having been identified by th.e witness and ruled out by the court. A copy of this affidavit is hereto attached and marked exhibit ‘ A ’ and made a part of this ground of the motion for a new trial.” “ Because the court erred in ruling out a letter from George Lindsey, under date of April 11, 1920, and identified by the witness and offered in connection with his testimony. That portion of the letter hereto attached marked exhibit ‘ B ’ and made a part of this ground of the motion for new trial.” The materiality of the affidavit and letter, and how they affected the case, could not be ascertained without examination of other parts of the record. See Corona v. DeLaval Separator Co., 24 Ga. App. 683(1) (102 S. E. 44).
5. “ The imposition of penalties within the limits fixed by law rests within the sound discretion of the trial judge, and this court has no jurisdiction to control such discretion,” Griggs v. State, 17 Ga. App. 301(1) (86 S. E. 726), and cases cited. And see Sable v. State, 22 Ga. App. 768 (97 S. E. 271). Under this ruling the 6th ground of the amendment to the motion for a new trial is without merit.
6. There was evidence to authorize the verdict, which has the approval of