40 Ga. App. 645 | Ga. Ct. App. | 1929
The defendant was charged with assault with intent to murder, and convicted of assault and battery, and excepts to the overruling of his motion for a new trial. 1. The only special ground of the motion for a new trial alleges that when the jury (which had been out less than an hour) came in and announced that they could not agree, the trial judge said: “Well, gentlemen, you might as well — get any messages you want to send home to anybody — you had better do it now while you are in here. Some jury has got to pass on this ease. Without flattery, I don’t know of a better jury to pass on the facts; so if you want to send any message home, the sheriff will take your message. Now, Mr. Sheriff, get plenty of lights to-night, and if necessary, if they don’t make a verdict by supper time, ’take them to supper, and if they don’t make a verdict then by a reasonable bedtime I will let them be the judge when they want to go to bed. You prepare a place i'or them, and the court will try to make you comfortable, gentlemen, just as much as it can. You can retire to your room.” Counsel for the plaintiff in error insists that this language of the court “was both intimidating and coercive, and took from the jurors the
The evidence authorized the verdict, and the court did not err in overruling the motion for a new trial.
Judgment affirmed.