62 Ga. 395 | Ga. | 1879
These three cases were argued together before us, the same questions substantially being made in each of them.
It is too late for him to except to those proceedings, and his objections thereto will not be considered after pleading not guilty, and trial and verdict of guilty. Bird vs. The State, 53 Ga., 602.
However that may be, these defendants demanded trial' by these five men ; they got the sort of trial they asked for ; and they will not be heard, after conviction, to complain of what they not only acquiesced in, but insisted upon as a legal right. See 5 Ga., 205; 19 Ga., 623; 51 Ga., 264. Code, §5124. Cobb’s Digest, p. 1121; art. 6, sec. 4, par. 1, constitution of 1877, and 25 Ga., 222, cited by counsel for defendant in error.
On the whole case, there appears from the evidence to be no doubt of the guilt of these defendants, and after a fair trial they have been found guilty by a jury of their own choice; that verdict should therefore stand, and the city court was right in overruling the motion to set it aside and grant a new trial. The judgment is therefore affirmed.
Judgment affirmed.