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41 Ga. App. 370

Johnson v. State

Court of Appeals of Georgia

Decided April 16, 1930

Court of Appeals of Georgia · decided 1930-04-16

Decided 1930-04-16

Bloodworth, J.

¶11. In each of the two special grounds of the motion for a new trial it is alleged that an excerpt from the charge was “erroneous and injurious to him [the defendant], and was contrary to law and misleading, because in such charge (a) the court charged on an issue not *371sustained by proof; (6) the court charged on a contention or theory not sustained by the evidence.” Both grounds are without merit, as the evidence authorized the charge given.

Decided April 16, 1930.James N. Bahai, O’Neal & O’Neal, for plaintiff in error.Walter O. Hartridge, solicitor-general, Julian Hartridge, contra.

¶22. There is ample evidence to support the verdict.

¶3Judgment affirmed.

Broyles, O. J., and Luhe, J., eoneur.
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