175 Ga. 314 | Ga. | 1932
Ashley, alias Julian, Yopp was indicted for the offense of murder. Upon the trial of the case the jury returned a verdict of guilty, with a recommendation to the mercy of the court. The accused made a motion for a new trial, which was overruled, and he excepted.
The original motion for a new trial consists of the usual general grounds. An amendment to the motion was filed, containing grounds numbered 1 to 13. The first ten grounds and the 13th ground are clearly mere elaborations of the general grounds that the verdict and judgment are contrary to law and the evidence, and without evidence to support them, though reference is made to certain phases of the evidence to show why the verdict is contrary to the evidence and without evidence to support it. The 11th and 12th grounds are also elaborations of the general grounds. In the 11th ground it is alleged and contended that "the verdict and judgment of murder in this case is contrary to law and the evidence, and without evidence to support it, for the reason that the court failed to charge the law with respect to construing the evidence of the State, where two separate and distinct theories of the location or situs of the homicide occurred, and where one line of the State’s testimony was an impeachment and disprobation of the other upon which the State, the court, and jury relied for conviction, the court only charging as follows: ‘You are the exclusive judges of the
The evidence in the case authorized the verdict of guilty, and the judgment of the court is Affirmed.