Middleton v. State

Full title: MIDDLETON et al. v. THE STATE

Court: Supreme Court of Georgia

Date published: Jan 30, 1964

135 S.E.2d 276 (Ga. 1964)

135 S.E.2d 276

Opinion

22333.

ARGUED JANUARY 14, 1964.

DECIDED JANUARY 30, 1964. REHEARING DENIED FEBRUARY 11, 1964.

Trespass. Savannah City Court. Before Judge Oliver.

B. Clarence Mayfield, E. H. Gadsden, for plaintiffs in error.

Andrew J. Ryan, Jr., Solicitor, R. E. Barker, contra.

DUCKWORTH, Chief Justice.

1. The decision in Clark v. State, ante, controls adversely to these plaintiffs in error, the exception to the judgment sustaining the constitutionality of Ga. L. 1960, p. 142 ( Code Ann. § 26-3005) as against the demurrer which contended that the law offended the Fourteenth Amendment.

2. There is no brief of evidence in this record, and since the merits of the general grounds of the motion for new trial and motion to acquit can be determined only by weighing the evidence, it follows that, as to these grounds, the judgment overruling them must be affirmed. Jones v. Gate City Lodge No. 54, 171 Ga. 844 ( 156 S.E. 672); Perry v. Perry, 188 Ga. 477 ( 4 S.E.2d 184).

Judgment affirmed. All the Justices concur.

ARGUED JANUARY 14, 1964 — DECIDED JANUARY 30, 1964 — REHEARING DENIED FEBRUARY 11, 1964.