39 S.E.2d 727 | Ga. Ct. App. | 1946
1. The assignment of error upon the court's charge on the subject of conspiracy, on the ground that there was no evidence to authorize such a charge, is not meritorious.
2. No other errors of law are complained of. The evidence warranted the verdict, and the trial judge properly refused a new trial.
A criminal conspiracy has been defined as "`a combination or agreement between two or more persons to do an unlawful act, and this may be established by proof of acts and conduct, as well as by direct proof or express agreement.'" Bolton v. State,
2. After a verdict of guilty, in passing on the motion for a new trial, that view of the evidence most favorable to the State must be taken, for every presumption and every inference is in favor of the verdict. Under this rule and the rules stated in the preceding division of this opinion, the jury having found a verdict of guilty and the judge having approved it, we can not say that the evidence did not support the verdict. Randall v.State, supra.
Judgment affirmed. Broyles, C. J., and Gardner, J., concur.