HOWARD et al. v. THE STATE., 216 Ga. 474, 117 S.E.2.d 156 (1960)

Supreme Court of Georgia

Status: ARGUED

Docket Number: 21080

Parts: QUILLIAN, Justice.

Linked as:

Summary

Transferred to the Court of Appeals. All the Justices concur.

Summary

Transferred to the Court of Appeals. All the Justices concur.

Text

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

1. Where, in a bill of exceptions, "assigning error on all the rulings complained of, as being contrary to law," it appears that the only ruling of which complaint is made or upon which error is assigned is the denial of a motion for new trial, no other ruling made by the trial court in the course of the proceedings is before this court for review (Moore v. Moore, 215 Ga. 47 (1), 108 S. E. 2d 704; Daniel v. Boykin, 211 Ga. 43 (1), 84 S. E. 2d 48; Scott v. Weinberg, 97 Ga. App. 27, 102 S. E. 2d 56, and citations); and, although by the terms of Code 6-810, there may be a supplemental certificate for the limited purpose of including material evidence omitted from the transcript of the record, there can be no second certificate to a bill of exceptions for the purpose of adding assignments of error on rulings on demurrers and motions for directed verdicts. Pierce v. Haygood, 213 Ga. 459 (99 S. E. 2d 906), and numerous cases there cited.

2. The usual general grounds of a motion for new trial, that "the verdict is (1) contrary to the evidence and without evidence to support it, (2) decidedly and strongly against the weight of the evidence, and (3) contrary to law and the principles of justice," on review by the appellate courts of this State, present no other question than the sufficiency of the evidence to support the verdict. Adler v. Adler, 207 Ga. 394, 405 (7) (61 S. E. 2d 824); Calhoun v. Ozburn, 207 Ga. 384, 61 S. E. 2d 832; Flynn v. State, 209 Ga. 519, 74 S. E. 2d 461, and citations; Herndon v. Georgia, 295 U. S. 441, 55 S. Ct. 794, 79 L. Ed. 1530), and the numerous cases there cited), being an attack on the judgment, has no place there, and, where not otherwise directly assigned as error in the bill of exceptions, presents no question for determination by this court. Pittman v. Pittman, 215 Ga. 860, 861 (113 S. E. 2d 772).

Andrew J. Ryan, Jr., Solicitor-General, Sylvan A. Garfunkel, Assistant Solicitor-General, Eugene Cook, Attorney-General, G. Hughel Harrison, Assistant Attorney-General, contra.

1960