Johnson v. State

Jenkins, Presiding Justice.

1. “A new trial may be granted in all cases where any material evidence, not merely cumulative or impeaching in its character, but relating to new and material facts, shall be discovered by the applicant after the rendition of a verdict against him.” Code, § 70-204. Under these provisions, newly discovered evidence that is merely impeaching in nature will not authorize a new trial, even though such evidence may relate to the only testimony on some vital point. Arwood v. State, 59 Ga. 391; Levining v. State, 13 Ga. 513; Moreland v. State, 134 Ga. 268 (2) (67 S. E.…