21 Ga. App. 125 | Ga. Ct. App. | 1917
1. The excerpt from the charge of the court complained of in the 4th ground of the motion for a new trial correctly defines the offense of larceny from the person, and the exception taken thereto, that the court failed “to charge the law as to .principals in the first and second degree,” is not well taken. Collins v. State, 88 Ga. 347 (14 S. E. 474); Morgan v. State, 120 Ga. 294 (48 S. E. 9); Hill v. State, 18 Ga. App. 259 (89 S. E. 351)..
2.. The charge of the court excepted to in ground 5 of the motion, when considered in connection with the otliér portions of the charge, was not erroneous for any of the reasons assigned.
3. The charge of the court complained of in ground 6 of the motion instructed the jury: “In order to convict on circumstantial evidence, the facts proven in the case must not only be consistent with the guilt of the accused, but it must be inconsistent, with any other reasonable hypothesis-except that he is guilty; if it is not, you would not be authorized to convict upon circumstantial evidence.” This charge is substantially in the language of the code, and is not erroneous for any reason assigned.
4. The charge of the court on the subject of alibi, excepted to in ground 7 of the motion, is as follows: “There is evidence in this ease for the purpose of showing that the defendant is not guilty because he was not present at the time and place that the larceny was committed, if a larceny was committed. That is known in law as an alibi. Alibi as a defense involves the impossibility of the presence of the defendant at the time that the crime was committed, if it was committed. As a defense, an alibi must be established to the satisfaction of the jury. However, the jury may consider the proof as to alibi along with the other proof, and should consider the proof along with the other proof in the case to determine whether or not guilt is shown beyond a reasonable doubt.” This charge, while omitting the word “reasonable” before .the word' “satisfaction,” was not erroneous when taken in connection with the entire charge on this subject. If the movant desired further instructions on his defense of alibi he should have made
6. A ground of a motion.for new trial complaining of the admission of testimony must show the grounds of objection urged by the movant at the time the evidence was offered. An objection to the admission of evidence upon the ground merely that it is inadmissible is equivalent to assigning no reason at all for its exclusion.
7. The evidence supports the verdict, and the trial judge did not err in refusing the defendant a new trial.
Judgment affirmed.