Legal Opinion
James v. State
Court of Appeals of Georgia
Decided June 6, 1967No. 42747PublishedCited by 6 opinions
1Opinion of the Court
Bell, Presiding Judge.
Motions for new trial based on newly discovered evidence are not favored by the law. Brown v. State, 141 Ga. 783 (82 SE 238); Parks v. State, 204 Ga. 41 (a) (48 SE2d 837); McDaniel v. State, 74 Ga. App. 5 (38 SE2d 697); Gates v. State, 84 Ga. App. 367 (66 SE2d 342). However, in cases where the criteria are met, new trials will be granted on this ground. Code § 70-204; Lacewell v. State, 95 Ga. 346 (3) (22 SE 546); Joiner v. State, 17 Ga. App. 726 (2) (88 SE 215). The burden is on the movant to show that the standards have been met. One of these essentials is that both…
2Cases cited19 opinions
- Loomis v. StateCourt of Appeals of Georgia · 1948
- Brown v. StateSupreme Court of Georgia · 1914
- Patterson v. CollierSupreme Court of Georgia · 1887
- Mills v. StateSupreme Court of Georgia · 1941
- Chandler v. Mutual Life & Industrial Ass'nSupreme Court of Georgia · 1908
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3Cited by6 opinions
- Hartford Accident & Indemnity Co. v. SnyderCourt of Appeals of Georgia · 1972
- Amos v. StateCourt of Appeals of Georgia · 1982
- Clifton v. GillisCourt of Appeals of Georgia · 1990
- Huguley v. StateCourt of Appeals of Georgia · 1969
- State v. SimmonsCourt of Appeals of Georgia · 2013
1 more not listed; retrieve them via the Exa API.