Legal Opinion

Levining v. State

Supreme Court of Georgia

Decided July 15, 1853No. 77PublishedCited by 15 opinions

Indictment for simple larceny, in Lee Superior Court. Motion for a new trial, decided by Judge Taylor, May Term, 1852. At the May Term, 1852, of Lee Superior Court, Joshua Levining was tried and convicted of stealing a cow, the property of one Alfred Kersey.

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Indictment for simple larceny, in Lee Superior Court. Motion for a new trial, decided by Judge Taylor, May Term, 1852. At the May Term, 1852, of Lee Superior Court, Joshua Levining was tried and convicted of stealing a cow, the property of one Alfred Kersey. On the trial, Riley Jackson was introduced and sworn on the part of the State, and stated “ that he was present when Kersey came and savv the hide of the cow lying in the shuck-pen at the house of defendant, and he knew that it was Kersey’s cow-hide. The cow used about the defendant’s up to the time it was missed. Witness had frequently…

1Opinion of the Court

By the Court.

Starnes, J.

delivering the opinion.

[1.] We see no good reason in the record why we should depart from that sound and settled rule, that a new trial -will not be granted on the ground of newly discovered testimony, *515if the only object of the evidence he to impeach the credit or character of a witness.. Numerous decisions in England and in this country, avouch this as a correct and wholesome rule., This Court has affirmed it in the case of Berry vs. The State of Georgia, (10 Cfa. JR,. 511,) where many of the cases-referred to are cited, and should not now disturb it, though the case…

2Cited by15 opinions

  1. Johnson v. StateSupreme Court of Georgia · 1943
  2. Wright v. GeorgiaSupreme Court of Georgia · 1864
  3. Key v. StateCourt of Appeals of Georgia · 1918
  4. Haynes v. StateCourt of Appeals of Georgia · 1916
  5. Burnett v. StateCourt of Appeals of Georgia · 1927

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