24 Ga. App. 145 | Ga. Ct. App. | 1919
1. The court did not err in the instructions set out in the 1st and 2d grounds of the amendment to the motion for a new trial, which were complained of as not being authorized by evidence.
In Lingerfelt v. State, 125 Ga. 4 (53 S. E. 803, 15 Ann. Cas. 310), the 4th paragraph of the decision is as follows: “Where the court charged that if the jury should find the defendant guilty generally, he would be subject to confinement in the penitentiary for a time not less than two years nor longer than ten years; that they would have the right to reduce the punishment to that appropriate to a misdemeanor; that ‘if the judge should approve that, he would be punished as for a misdemeanor” and that the
3. There was evidence to support the verdict, and, under the uniform and repeated rulings of this court and of our Supreme Court, the verdict approved by the trial judge, where no error of law is committed, will not be disturbed.
Judgment affirmed.