Bass v. State
Supreme Court of Georgia
Indictment for murder. Before Judge Kent. Laurens superior court. January 30, 1922. Marshall Bass was indicted for the murder of his wife on November 30, 1921. He was tried and convicted. He made a motion for new trial, which was overruled. He sued out a bill of exceptions, and brought the case to this court to review that judgment. This court affirmed the judgment.
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Indictment for murder. Before Judge Kent. Laurens superior court. January 30, 1922. Marshall Bass was indicted for the murder of his wife on November 30, 1921. He was tried and convicted. He made a motion for new trial, which was overruled. He sued out a bill of exceptions, and brought the case to this court to review that judgment. This court affirmed the judgment. Bass v. State, 152 Ga. 415 (110 S. E. 237). During the January term, 1922, of Laurens superior court, he filed his extraordinary motion for new trial on the ground of the newly discovered evidence of L. E. Watson, Mrs. H. C.…
1Opinion of the CourtHines, J.
(After stating the foregoing facts.)
The court did not err in overruling the extraordinary motion for new trial. The granting of a new trial on the ground of newly discovered evidence is not favored by the courts. Perry v. State, 117 Ga. 719, 720 (45 S. E. 77); Norman v. Goode, 121 Ga. 449 (49 S. E. 268); Burge v. State, 133 Ga. 431 (66 S. E. 243).
The essential and vital elements of this ground of a motion for new trial are well defined. Penal Code, § 1088. The newly discovered evidence refers to two different subjects. One deals with the impeachment of Helen Sheffield, who was sworn as a…
2Cases cited12 opinions
- Burge v. StateSupreme Court of Georgia · 1909
- Norman v. GoodeSupreme Court of Georgia · 1904
- Burgess v. StateSupreme Court of Georgia · 1893
- Tilley v. CoxSupreme Court of Georgia · 1904
- Jinks v. StateSupreme Court of Georgia · 1903
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3Cited by7 opinions
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- Moss v. StateCourt of Appeals of Georgia · 1931
- Tyre v. StateCourt of Appeals of Georgia · 1928
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