45 Ga. App. 605 | Ga. Ct. App. | 1932
Plaintiff in error, Sonny Munn, was jointly indicted with James Anderson for hog-stealing, under § 159 of the Penal Code. James Anderson pleaded guilty, and testified in this case as follows: “I am one of the defendants, Sonny Munn being the other defendant, charged in this indictment with hog-stealing. I entered a plea of guilty to stealing the hog. Sonny Munn got the chitlings, spare-ribs, and a piece of backbone. Sonny Munn didn’t
There was no other testimony in the case except that of the prosecutor, H. 0. Woodruff, as to the loss of the hog, and that of the deputy sheriff, W. L. Maddox, who testified in substance that “he [defendant] said he got the head, chitlings, and backbone, . . that they had eat the head and some parts, and throwed the chitlings in the well. He told me . . he wanted to get a compromise with Mr. Woodruff,” the prosecutor. It appearing from the undisputed evidence that the hog had been killed, cleaned, carried two
It follows that the court erred in refusing to grant a new trial.
•In view of the foregoing ruling it is not necessary to pass upon the special grounds of the motion for a new trial.
Judgment reversed.