6 Ga. App. 565 | Ga. Ct. App. | 1909
The State’s testimony was that in the year 1908 the defendant was working for the prosecutor, and in December of that year made an oral contract with him to labor as a cropper throughout the year 1909. During December, 1908, the defendant .obtained from the prosecutor small sums of money aggregating
Besides, the evidence of the defendant’s guilt is very weak and unsatisfactory, and the verdict does not have that unequivocal approval of the trial judge which is legally essential to its finality. In his order overruling the motion for a new trial the judge says: “The issue in this case being one of fact, the jury havi? g passed upon, the court does not feel authorized to interfere with it; therefore, a new trial is hereby refused and denied.” If the judge meant to say that the verdict of the jury had convinced his mind and conscience of the defendant’s guilt, the approval is sufficient; blit if he meant to say that he did not have the power to set it aside