153 Ga. 695 | Ga. | 1922
Glen M. Hudson and Bennie Hudson were jointly charged, in an indictment found in the superior court of Dougherty county, with the murder of Bobert Temples and Isaiah Temples on July 12, 1921, by unlawfully and maliciously beating and wounding them with sticks and clubs and by shooting them with a pistol. Glen M. Hudson was tried separately, and found guilty as charged. He moved for a new trial, which being refused, he excepted.
The defendants were husband and wife. The deceased were respectively about nine and four years of age. They were illegitimate children of Bennie Hudson, born before she married Glen M. Hudson. He was not the father of either of them. At the time the children were killed they were living with the defendants on a farm about three miles from the city of Albanj', this State. Each child was killed by a pistol shot in his head on July 12, 1921. The
The court did not err in refusing to grant a mistrial, nor in admitting the evidence over the objections made thereto. It was not sought to have the sheriff testify as to what Mrs. Hudson told him, nor did he testify as to that, but merely that he told the defendant that Mrs. Hudson had told the witness that the defendant had killed the children. The solicitor-general expressly stated, when defendant’s counsel objected to the testimony, and in the presence of the jury, ‘‘I am not asking the witness anything that Mrs. Hudson said.”
The fact that the movant in the motion for a new trial says that he insists that certain evidence was inadmissible for stated reasons does not amount to an objection made to the admissibility of the evidence when offered.
Even if a misstatement of the law made by counsel in argument of a case to the jury can ever be cause for the grant of a mistrial, the language of the solicitor-general, to which exception was made, was not cause for the grant of a mistrial, or a new trial, when considered in connection with the judge’s note in approving. the ground of the motion.
This alleged newly discovered evidence is not of such character as would likely lead to a different verdict on another trial; and therefore it was not error to refuse to grant a new trial on account of it.
Judgment affirmed.