Brantley v. State
Court of Appeals of Georgia
Indictment for keeping liquor at place of business; from Campbell superior court — Judge B. W. Freeman. September 19, 1914.
1Opinion of the CourtBroyles, J.
1. The provisions of section 5881 of the Civil Code do not apply to contradictory affidavits made by alleged newly discovered witnesses and used in the counter-showing in a motion for a new trial.
2. Where a motion for a new trial is based on alleged newly discovered evidence, the trial judge has a very broad discretion, and his refusal to grant a new trial will not be controlled unless his discretion has been abused. And especially is this true when the alleged newly discovered evidence is cumulative and impeaching in character, and' is met with a counter-showing contradicting it. Moody v.…
2Cases cited10 opinions
- Washington v. StateSupreme Court of Georgia · 1905
- Jordan v. StateSupreme Court of Georgia · 1904
- Brown v. StateCourt of Appeals of Georgia · 1911
- Bowers v. StateSupreme Court of Georgia · 1910
- Moody v. StateCourt of Appeals of Georgia · 1907
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3Cited by3 opinions
- Haynes v. StateCourt of Appeals of Georgia · 1916
- Gates v. StateCourt of Appeals of Georgia · 1951
- North v. StateCourt of Appeals of Georgia · 1944