Nolan v. State
Court of Appeals of Georgia
Indictment for robbery; from Cobb superior court — Judge Patterson. April 11, 1914. From the evidence it appeared that on January 16, 1914, shortly after 7 o’clock in the evening and after a southbound passenger-train of the Nashville, Chattanooga & St. Louis Eailway had left Vining’s station, where it was due at 7:10 or 7:12 o’clock, a man wearing a mask and carrying a pistol, who had not previously been seen on the train, entered a car and forced several passengers to…
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Indictment for robbery; from Cobb superior court — Judge Patterson. April 11, 1914. From the evidence it appeared that on January 16, 1914, shortly after 7 o’clock in the evening and after a southbound passenger-train of the Nashville, Chattanooga & St. Louis Eailway had left Vining’s station, where it was due at 7:10 or 7:12 o’clock, a man wearing a mask and carrying a pistol, who had not previously been seen on the train, entered a car and forced several passengers to deliver pocketbooks and money to him; and that -he left the train from its rear platform when it was approaching Bolton, a…
1Opinion of the CourtWade, J.
1. It does not appear that the alleged newly discovered evidence could have been obtained by the defendant at the trial by the exercise of reasonable diligence. At least some of it is not merely cumulative or impeaching; if credited by the jury, it would be likely to produce a different verdict on another trial; and the ends of justice require that a new trial be granted. Dale v. State, 88 Ga. 560, 561 (15 S. E. 287) ; Cooper v. State, 91 Ga. 362, 366 (18 S. E. 303). See also Mitchell v. State, 6 Ga. App. 558 (4) (65 S. E. 326) ; Dougherty v. State, 7 Ga. App. 94 (66 S. E. 276); Holton v.…
2Cases cited5 opinions
- Dale v. StateSupreme Court of Georgia · 1892
- Mitchell v. StateCourt of Appeals of Georgia · 1909
- Cooper v. StateSupreme Court of Georgia · 1893
- Dougherty v. StateCourt of Appeals of Georgia · 1909
- Holton v. StateCourt of Appeals of Georgia · 1911
3Cited by11 opinions
- McDaniel v. StateCourt of Appeals of Georgia · 1946
- Paden v. StateCourt of Appeals of Georgia · 1915
- Todd v. JacksonCourt of Appeals of Georgia · 1919
- Harper v. StateCourt of Appeals of Georgia · 1934
- Maxwell v. StateCourt of Appeals of Georgia · 1956
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