Legal Opinion

Thomas v. State

Court of Appeals of Georgia

Decided February 1, 1917No. 7964PublishedCited by 5 opinions

Indictment for burglary; from Polk superior court—Judge Bartlett. October 2, 1916.

1Opinion of the CourtGeorge, J.

Whether an extraordinary motion for a new trial, based upon the ground of newly discovered testimony, should be granted or refused rests largely in the sound discretion of the trial court; and this court is not inclined to interfere with the exercise of that discretion, where the newly discovered evidence is largely, if not entirely, im-. peaching and cumulative in character. Rogers v. State, 129 Ga. 589 (59 S. E. 288).

Judgment affirmed.

Wade, 0. J., and Luhe, J., concur.

2Cases cited1 opinion

  1. Rogers v. StateSupreme Court of Georgia · 1907

3Cited by5 opinions

  1. Whitus v. StateSupreme Court of Georgia · 1966
  2. Brannon v. StateSupreme Court of Georgia · 1940
  3. Darby v. StateCourt of Appeals of Georgia · 1919
  4. Payne v. StateCourt of Appeals of Georgia · 1947
  5. Williams v. StateCourt of Appeals of Georgia · 1949