97 Ga. 195
Decided May 13, 1895
Supreme Court of Georgia · decided 1895-05-13
Indictment for assault and battery. Before Judge Kimsey. Rabun superior court. February term, 1895. The indictment was against 'W. F. Roane and his sons Alex, and Marvin. Marvin was acquitted; the other two found guilty.
Cited by 1 later decisions — most recently July 1955
1 state decisions
Good law ✅— No negative treatment on recordhow we know
Decided 1895-05-13
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¶11. Where several persons, jointly indicted for an offense which could be committed by one person alone, are tried together, there may, if the evidence so authorizes,, be a lawful conviction of one or more of them without convicting all.
¶22. The evidence in this case warranted the verdict, and there was no merit in the ground of the motion for a new trial relating to newly discovered evidence. Judgment affirmed.