Fleming v. State
Court of Appeals of Georgia
Indictment for stabbing; from Cobb superior court — Judge Morris. May 21, 1917. The indictment charged the defendant with the offense of stabbing. The charge grew out of a fight between two negro women. In this fracas both were cut and stabbed.
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Indictment for stabbing; from Cobb superior court — Judge Morris. May 21, 1917. The indictment charged the defendant with the offense of stabbing. The charge grew out of a fight between two negro women. In this fracas both were cut and stabbed. In the motion for new trial it was insisted that a new trial should be granted upon the ground of alleged newly discovered evidence that the prosecutrix had, some time prior to the trial, entered a plea of guilty to stabbing, on an indictment growing out of the same transaction. The movant admitted knowledge of this fact at the time of trial, but…
1Opinion of the CourtHarwell, J.
1. The sole ground of the motion for a new trial, other than the general grounds, is based on alleged “newly discovered” evidence. This ground affirmatively shows that the movant had knowledge of this evidence at the time of the trial, but it is alleged that “movant forgot to tell her counsel” about it, and did not “think to put this fact in her statement when she was on the stand making her statement.” The mere fact, alleged in this ground, that the movant was “inexperienced in court trials” and did not know the legal effect of the evidence she omitted to introduce will not dispense with the…
2Cited by1 opinion
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