Legal Opinion

Wheeler v. State

Supreme Court of Georgia

Decided October 14, 1919No. 1472PublishedCited by 13 opinions

Indictment for rape. Before Judge Walker. Wilkes superior court. May 7, 1919.

1Opinion of the CourtGilbert, J.

1. “Evidence that one of the State’s witnesses since the trial has made declarations, even though - under oath, that his testimony given upon the trial was false, is not cause for a new trial.” Johnson v. State, 149 Ga. 214 (99 S. E. 609), and authorities cited. More especially is this true where the motion for new trial is made on extraordinary grounds, as in the present case.

2, “The extraordinary motions or cases contemplated hy the statute are such as do not ordinarily occur in the transaction of human affairs; as, when a man has been convicted of murder and it afterwards appears that the…

2Cases cited3 opinions

  1. Cox v. HillyerSupreme Court of Georgia · 1880
  2. Harris v. RoanSupreme Court of Georgia · 1904
  3. Johnson v. StateSupreme Court of Georgia · 1919

3Cited by13 opinions

  1. Coggeshall v. ParkSupreme Court of Georgia · 1926
  2. King v. StateSupreme Court of Georgia · 1932
  3. Harris v. StateSupreme Court of Georgia · 1920
  4. Bass v. StateSupreme Court of Georgia · 1922
  5. Downer v. DunawayCourt of Appeals for the Fifth Circuit · 1931

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