101 Ga. 520 | Ga. | 1897
There are several grounds in the motion for new trial which was refused by the court below, on which refusal error is assigned. These will be considered in detail. The first three are, that the verdict is contrary to law and the evidence, and that there is a strong reasonable doubt as.to the guilt of the accused sufficient to change the form of the ver
There was no motion for a mistrial here; but it appears from the ground as set out, that the court interposed and stopped counsel making the remarks, at the request of the counsel for the accused. The court then did just what the counsel of the accused asked. Had they asked more, it is possible he might have granted more. In any event the court stopped counsel and properly instructed the jury. We are to assume that the jury, being upright and intelligent citizens, would and did appreciate and act in accordance with this in
The next two grounds of the motion can not be considered. They are predicated on the state of mind of the jurors and the public arising from,a recent trial in the same court. We have no official knowledge of the facts in this regard, and can have none. No evidence or information relating thereto was submitted to the presiding judge, nor passed on by him, so far as the record shows.
The last ground of the motion is that the court erred in not charging the jury in this case that the defendant’s explanation of the killing removed from him the presumption of guilt. We think this was a question peculiarly within the province of, and for determination by, the jury, and we therefore find no error in the failure of the court to so charge; and on a careful review of the whole case, we affirm the judgment of the court below.
Judgment affirmed.