Simmons v. State, 142 S.E.2d 308 (Ga. Ct. App. 1965). · Go Syfert
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Simmons v. State, 142 S.E.2d 308 (Ga. Ct. App. 1965). Cases Citing This Book View Copy Cite
26 citation events (1 in the last 25 years) across 2 distinct courts.
Strongest positive: Thomas v. State (gactapp, 1982-02-04)
Treatment trajectory · 1965 → 2026 · click a year to view as-of
1965 1995 2026
Top citers, strongest first. 3 distinct citers.
cited Cited "see" Thomas v. State
Ga. Ct. App. · 1982 · signal: accord · confidence high
Accord, Simmons v. State, 111 Ga. App. 553 (1) ( 142 SE2d 308 ) (1965).
cited Cited "see" Gilliland v. State
Ga. Ct. App. · 1976 · signal: see · confidence high
See generally Simmons v. State, 111 Ga. App. 553, 554 ( 142 SE2d 308 ).
discussed Cited "see" Wade v. State
Ga. Ct. App. · 1974 · signal: see · confidence high
See Simmons v. State, 111 Ga. App. 553 (1) ( 142 SE2d 308 ) and cits. 2. " 'Defects in an indictment or accusation must be taken advantage of by demurrer before trial or motion in arrest of judgment after conviction; they furnish no grounds for granting a new trial.
SIMMONS
v.
THE STATE.
41249.
Court of Appeals of Georgia.
Apr 13, 1965.
142 S.E.2d 308
Nichols.
Cited by 22 opinions  |  Published

Edward J. Goodwin, for plaintiff in error.

Andrew J. Ryan, Jr., Solicitor General, Andrew J. Ryan, III, contra.

NICHOLS, Presiding Judge.

Nathaniel Simmons was indicted for assault with intent to murder by cutting and stabbing Willie Hall. On the trial before the judge without a jury the defendant was found guilty and now assigns error on the judgment overruling his motion for new trial based on the usual general grounds only. The evidence adduced on the trial[*553] of the case included the positive identification by the victim, and the sole argument of the defendant is that the victim's testimony was impeached and therefore the conviction was not authorized. There was evidence introduced tending to impeach the victim (a conflict as to a statement given a police officer on the night of the stabbing). Held:

1. Where a trial judge hears a case without the intervention of a jury, the credibility of the witnesses is for his determination. Boynton v. State, 11 Ga. App. 268 (75 SE 9); Goggans v. State, 14 Ga. App. 822 (2) (82 SE 357); Holbrook v. Rodgers, 105 Ga. App. 219, 221 (124 SE2d 443).

2. The evidence authorized the conviction and the trial court did not err in overruling the defendant's motion for new trial based on the usual general grounds only.

Judgment affirmed. Eberhardt and Pannell, JJ., concur.