BURGESS v. STATE

18346.

210 Ga. 91 (1953)

78 S.E.2d 33

BURGESS v. THE STATE.

Supreme Court of Georgia.

Decided October 13, 1953.


Attorney(s) appearing for the Case

James N. Rahal, for plaintiff in error.

Andrew J. Ryan, Jr., Solicitor-General, Sylvan A. Garfunkel, Thomas M. Johnson, Jr., Assistant Solicitors-General, Eugene Cook, Attorney-General, Rubye G. Jackson, contra.


DUCKWORTH, Chief Justice.

1. Upon the trial under the indictment for murder, there was testimony of an eyewitness proving the killing in the manner alleged in the indictment. The verdict of guilty is therefore authorized by the evidence and the general grounds of the motion for a new trial are without merit.

2. Two of the amended grounds complain of excerpts from the charge, wherein it was stated that "the Supreme Court says that, if a person can distinguish...

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