Oglesbee v. State
Court of Appeals of Georgia
Conviction of manslaughter; from Tattnall superior court — Judge Sheppard. June 3, 1920. The plaintiff in error was indicted and tried for murder and was found guilty of voluntary manslaughter. His motion for a new trial was overruled, and the judgment was affirmed by this court. See 24 Ga. App. 276 (101 S. E. 722). Thereafter, at the January adjourned term, 1920, of the trial court he filed an extraordinary motion for a new trial on the ground of newly discovered evidence.
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Conviction of manslaughter; from Tattnall superior court — Judge Sheppard. June 3, 1920. The plaintiff in error was indicted and tried for murder and was found guilty of voluntary manslaughter. His motion for a new trial was overruled, and the judgment was affirmed by this court. See 24 Ga. App. 276 (101 S. E. 722). Thereafter, at the January adjourned term, 1920, of the trial court he filed an extraordinary motion for a new trial on the ground of newly discovered evidence. The record shows that the homicide took place at night in a public road near a creek and in the presence of two persons,…
1Opinion of the CourtBloodworth, J.
(After stating the foregoing facts.) Motions for new trials on extraordinary grounds are not favored by the courts, 'and “ a stricter rule is applied to an extraordinary motion *754for new trial based on the ground of newly discovered evidence than to an ordinary motion on that ground.” Norman v. Goode, 121 Ga. 449, 455 (49 S.E. 268). Even in an ordinary motion for a new trial based upon newly discovered evidence it has been uniformly held that “though the witness sought to be impeached by newly discovered evidence was the only witness against the prisoner upon a vital point in the case, if the…
2Cases cited4 opinions
- Norman v. GoodeSupreme Court of Georgia · 1904
- Key v. StateCourt of Appeals of Georgia · 1918
- Rogers v. StateCourt of Appeals of Georgia · 1916
- Henderson v. StateCourt of Appeals of Georgia · 1920
3Cited by4 opinions
- Martin v. StateCourt of Appeals of Georgia · 1931
- Butler v. StateCourt of Appeals of Georgia · 1931
- Griffin v. CromartieCourt of Appeals of Georgia · 1930
- McLeod v. StateCourt of Appeals of Georgia · 1923