Legal Opinion

Gibson v. State

Court of Appeals of Georgia

Decided June 14, 1921No. 12352PublishedCited by 3 opinions

Indictment for bigamy; from Hall superior court — Judge Jones. March 5, 1921. The special ground of the motion for a new trial, to which the decision refers, is in an amendment which states that counsel for the defendant has, since the rendition of the verdict, “ ascertained and found out the following newly discovered evidence,” set out, and “ attaches hereto, as Exhibits A and B, affidavits of himself and his counsel,” which “ are hereby made a part of this amended motion…

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Indictment for bigamy; from Hall superior court — Judge Jones. March 5, 1921. The special ground of the motion for a new trial, to which the decision refers, is in an amendment which states that counsel for the defendant has, since the rendition of the verdict, “ ascertained and found out the following newly discovered evidence,” set out, and “ attaches hereto, as Exhibits A and B, affidavits of himself and his counsel,” which “ are hereby made a part of this amended motion for a new trial,” etc. This amendment was allowed by the trial judge in an order which states that “ the recitals of…

1Opinion of the CourtBloodworth, J.

1. The special ground of the motion for a new trial, not having been unconditionally approved by the trial judge, cannot be considered by this court.

2. There is ample evidence to support the verdict, the trial judge has approved it, and the judgment is

Affirmed.

Broyles, C. J., and Luke, J., concur. Hammond Johnson, for plaintiff in error. J. G. Collins, solicitor-general, contra.

2Cited by3 opinions

  1. Murray v. StateCourt of Appeals of Georgia · 1923
  2. Moore v. StateCourt of Appeals of Georgia · 1928
  3. Wyche v. StateCourt of Appeals of Georgia · 1922

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