Barrow v. State
Supreme Court of Georgia
New trial. .Evidence. Criminal law. Jury and jurors. Charge of court. Practice in superior court. Witness. Res gestae. Before Judge Simmons. Houston superior court. April term, 1887. Mattie Barrow was indicted for murder, and was found guilty of voluntary manslaughter. Her motion for a new trial contained, among others, the following grounds: (1) Because of newly-discovered evidence. (The effect of this was to contradict or impeach witnesses for the State.
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New trial. .Evidence. Criminal law. Jury and jurors. Charge of court. Practice in superior court. Witness. Res gestae. Before Judge Simmons. Houston superior court. April term, 1887. Mattie Barrow was indicted for murder, and was found guilty of voluntary manslaughter. Her motion for a new trial contained, among others, the following grounds: (1) Because of newly-discovered evidence. (The effect of this was to contradict or impeach witnesses for the State. The only affidavit as to diligence in its procurement, and as to ignorance of it, was made by (defendant herself.) (2) Because of the…
1Opinion of the Court
Lumpkin, Judge.
1. This court has so repeatedly ruled that newly-discovered evidence, the effect of which is merely to impeach a witness who has testified at the trial, is no ground for a new trial, and that alleged newly-discovered evidence will not be considered at all unless the counsel for movant, as well as the latter, will swear they did not know of its existence till after the verdict, it is quite sufficient to mention these rulings, if indeed that be nécesessary, without discussing them.
*1932. It appeared that during the trial of this case, the judge allowed the jury, attended by their…
2Cited by23 opinions
- Germany v. StateSupreme Court of Georgia · 1976
- Hamilton v. StateSupreme Court of Georgia · 1895
- Thomas v. StateCourt of Appeals of Georgia · 1921
- Cammons v. StateCourt of Appeals of Georgia · 1939
- Cook v. StateCourt of Appeals of Georgia · 1918
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