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37 Ga. App. 376

Everson v. State

Court of Appeals of Georgia

Decided November 16, 1927

Court of Appeals of Georgia · decided 1927-11-16

Relies on Rogers v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1927-11-16

How this case has been cited

Cited by 3 later decisions — most recently February 1956

3 state decisions

101927193019401950decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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. Bloodworth, J.

¶1The verdict has the approval of the trial judge, and we can not say that there is no evidence to support it. In Rogers v. State, 101 Ga. 561 (28 S. E. 978), Justice Cobb said: “Applications for new trials on the ground that the verdict of the jury is contrary to evidence are addressed to a sound legal discretion to be exercised by the trial judges. When this discretion has been exercised .and the motion for a new trial overruled, this court will not interfere when there is any evidence which would justify the jury in reaching the conclusion which is set forth in the verdict. While in many cases we would probably not have *377rendered the verdict returned, and, if we were authorized to pass upon the case as on appeal,' wnuld render here a different judgment, still under the established practice of this court as required by the law of the State, we can not overrule a trial judge, who, fresh from the atmosphere of the trial, sends to us a record in which he endorses the finding of the jury which tried the case in his presence. This is true even in cases where the evidence might be described as weak, unsatisfactory, and doubtful. The wisdom and discretion of the trial judge is sufficient for us to endorse his judgment in cases of this character.”

¶2Judgment affirmed.

Broyles> C. J., and Luke, J., concur.
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