12 Ga. App. 480 | Ga. Ct. App. | 1913
1. A new trial will not be granted on account of alleged newly discovered evidence merely impeaching in its character, or relat-' ing to a matter immaterial to the issues involved in the trial. A new trial will tie granted upon the ground of newly discovered evidence only when it appears that the introduction of the evidence would probably, and, if credited, should, produce a different result on the second trial.
2. In relation to the prisoner’s statement on the trial, the court charged
3. The instruction that the jury should find the accused, guilty if they found that the State had shown, beyond a reasonable doubt, “that the defendant sold morphine named in the indictment or special presentment, whatever it is,55 is not subject to the criticism, that it authorized the jury to convict the accused without reference to the article sold. The words “whatever it is” obviously refer to the words “indictment or special presentment.55
4. One who sells morphine not on the order or prescription of a licensed physician, dentist, or veterinary surgeon, is guilty of a misdemeanor, without reference to whether the seller be the proprietor of a drugstore, or merely the employee of such proprietor.' Penal Code, § 459; Civil Code, § 1651. The instruction of the trial judge embodying the foregoing principle of law was not subject to the criticism that it was argumentative, or contained an expression of an opinion as to what was proved, or was misleading or confusing.
5. The evidence warranted the verdict. Judgment affirmed.