Legal Opinion

Gates v. State

Court of Appeals of Georgia

Decided May 18, 1916No. 7158PublishedCited by 2 opinions

Indictment for sale of liquor; from Pike superior court — Judge Searcy. November 21, 1915.

1Opinion of the CourtRussell, C. J.

1. It appearing that no appropriate motion for a postponement was made at the time that the defendants were put on trial, the motion for a continuance does not fall within the rule announced in Brooks v. State, 3 Ga. App. 458 (60 S. E. 211), and similar cases.

2. The character of the witnesses whose affidavits were produced in support of the ground of the motion for a new trial based on alleged newly discovered evidence was not vouched for as required by law. “If the newly discovered evidence is that of witnesses, affidavits as to their residence, associates, means of knowledge, character, and…

2Cases cited5 opinions

  1. Brooks v. StateCourt of Appeals of Georgia · 1908
  2. Tompkins v. StateCourt of Appeals of Georgia · 1907
  3. Howard v. StateCourt of Appeals of Georgia · 1909
  4. A. Blanton Grocery Co. v. TaylorSupreme Court of North Carolina · 1913
  5. Gates v. StateCourt of Appeals of Georgia · 1913

3Cited by2 opinions

  1. Brooks v. StateCourt of Appeals of Georgia · 1916
  2. Peebles v. StateCourt of Appeals of Georgia · 1958

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API