Stephens v. State
Supreme Court of Georgia
Indictment for burglary. Before Judge Harris. EloycL superior court. July term, 1895. The burglary was alleged to have been committed on April 17, 1895, in breaking and entering the storehouse of N. 0. Landers with intent to steal, and taking and carrying away therefrom $450.27, the property of N. 0. Landers,. with intent to steal the same. Stephens was found guilty, and his motion for new trial was overruled.
Read the full summary
Indictment for burglary. Before Judge Harris. EloycL superior court. July term, 1895. The burglary was alleged to have been committed on April 17, 1895, in breaking and entering the storehouse of N. 0. Landers with intent to steal, and taking and carrying away therefrom $450.27, the property of N. 0. Landers,. with intent to steal the same. Stephens was found guilty, and his motion for new trial was overruled. The motion set up, in addition to the general grounds, newly discovered evidence as shown by the following affidavits: Robert H. Stephens: Was at the storehouse of N. C. Landers on the…
1Opinion of the CourtSimmons, C. J.
The newly discovered, evidence being such as* •• would probably produce a different verdict, and the showing as to diligence, so far at least as relates to two of the newly discovered witnesses, being sufficient, a new trial should have been granted. Judgment reversed.
The motion set up, in addition to the general grounds, newly discovered evidence as shown by the following affidavits: Robert H. Stephens: Was at the storehouse of N. C. Landers on the night on which the money was lost therefrom, on account of which defendant was convicted of burglary. A number of persons, including defendant,…
2Cited by4 opinions
- Bell v. StateSupreme Court of Georgia · 1971
- Austin v. StateCourt of Appeals of Georgia · 1970
- Alexander v. AllenCourt of Appeals of Georgia · 1960
- Mayor of Athens v. PeelerCourt of Appeals of Georgia · 1909