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Broyles, C, J. 1. Under repeated rulings of the Supreme Court and of this court, the overruling of a demurrer to an indictment can not be excepted to in a motion for a new trial. There must be a direct exception in the bill of exceptions. This ruling disposes of the amendment to the motion for a new trial.
2. The jury were authorized to find from all the facts and circumstances of the case that the accused, at the time he obtained the money from the
*95 prosecutor, had formed the intent to cheat and swindle the prosecutor, and that such intent was carried out. The verdict was amply authorized by the evidence, and the refusal to grant a new trial was not error.Decided March 31, 1931. TF. E. Lasseler, for plaintiff in- error. T. Eoyl Davis, solicitor-general, contra. Judgment affirmed. Luke <md Bloodworth, JJ., coticur.
Document Info
Docket Number: 21113
Citation Numbers: 43 Ga. App. 94, 157 S.E. 888, 1931 Ga. App. LEXIS 196
Judges: Bloodworth, Broyles, Coticur, Luke
Filed Date: 3/31/1931
Precedential Status: Precedential
Modified Date: 11/8/2024