Statement of facts by MacINTYRE, Judge:
Roger Walker was convicted of carrying a deadly weapon at church. His motion for
new trial based solely on the general grounds was overruled, and he excepted.
Clover, a witness for the State, testified in part: "When I first saw him
[the defendant] he got out of a truck, not so far from the church, about forty
yards away. * * When Roger Walker got off the truck he pulled out a pistol. It
was in his hip pocket. *** When he left the truck, he went around the truck and
come up the little road until he hit the path leading to the church, and went on
out to the little stand. *** The stand was about forty yards from the church,
across the public road from the church." Robert Mikes, a witness for the
State, testified, in part: "I know Roger Walker. I saw him with a weapon on
that occasion. I saw him at the Mount Pullen Colored Methodist Church. I seen
him with a pistol." Charlie Plummer, a witness for the State, testified
that he saw the defendant on the occasion in question, at Mount Pullen Colored
Methodist Church. "I saw him on the church ground with the gun on that day.
The preacher was fixing to take his text. I saw him almost up to the door. He
was just walking around, twirling his pistol around. I could not tell you if he
was saying anything. That is the negro [pointing at the defendant] that I saw.
*** I have been knowing him all his life." Jessie Kirkland, a witness for
the State, testified that he saw the defendant at Mount Pullen Colored Methodist
Church, and further: "I saw him on the church grounds, right at the church
door. He was going around telling people to get out of the way. *** He was the
only one I saw with a pistol. *** When I saw him he was just walking around with
the pistol telling people to move back. He didn't act like he wanted to go in
the church."
W. A. Dampier, of Dublin, for plaintiff in error.
Stanley A. Reese, Sol., of Dublin, for defendant in error.
MacINTYRE, Judge.
The motion for new trial contains only the general grounds. The record discloses
that the evidence for the State, if credible, was sufficient to support a
verdict of guilty of carrying about his person a pistol to a place of public
worship. Code, § 26-5102. The jury being the judges of the weight of the
evidence, this court can not disturb the judgment refusing a new trial. Bice
v. State, 109 Ga. 117, 34 S.E. 202; Minter v. State, 104 Ga. 743, 30 S.E.
989; Culberson
v. State, 119 Ga. 805, 807, 47 S.E. 175; Code, § 102- 103.
Judgment affirmed.
BROYLES, C. J., and GARDNER, J., concur.