5 Ga. App. 237 | Ga. Ct. App. | 1908
The plaintiff in error was convicted of selling intoxicating liquors. He moved for a new trial, upon the ground that the verdict was contrary to evidence and contrary to law; and afterwards amended his motion, by assigning error upon various rulings as to the admissibility of evidence and upon certain instructions of the court to the jury, and the refusal of the court to charge in accordance with certain written requests. The motion for new trial was overruled, and this judgment is the error assigned in the bill of exceptions.
The objection to the testimony of the witness Brown, that it was irrelevant and prejudicial to the defendant, because the evidence testified to, as contended in the brief, was obtained by illegal search and seizure, is not set forth in the record with sufficient fulness to be considered. But even if the point had been directly raised, it would seem to be settled by our decision in Smith v. State, 3 Ga. App. 326 (59 S. E. 934). See also Jenkins v. State, 4 Ga. App. 859 (62 S.E. 575).
The verdict being supported by the evidence, and it not appearing that any of the errors assigned could have misled the jury or influenced their finding, we find no error, in the judgment refusing a new trial, which would authorize a reversal.
Judgment affirmed.