GA 17-9-22 - GA 17-9-22

JUDICIAL DECISIONS Judge not disqualified from hearing motion for new trial. - Former Code 1933, §§ 110-201 - 110-203 (see O.C.G.A. §§ 17-9-22 and 17-9-23 ) nowhere say a judge was disqualified in a hearing on a motion for a new trial, but say that if the judge in the original trial does certain things prohibited therein, the judge was disqualified on a retrial of the case in the event a new trial was granted. Johnson v. State, 76 Ga. App. 494 , 167 S.E. 900 (1933). Comment that verdict is proper and just. - Trial judge is not disqualified from passing upon the motion for a new trial when, after the verdict of guilty is returned into court, the judge states: "I think it is a proper verdict and one fully justified; I think the verdict is just." Johnson v. State, 46 Ga. App. 494 , 167 S.E. 9...