Graham v. State

86 Ga. App. 896 (1952)

73 S.E.2d 46

GRAHAM

v.

THE STATE.

34287.

Court of Appeals of Georgia.

Decided October 15, 1952.

Gibson & Maddox, R. A. Moore, Elie Holton, for plaintiff in error.

J. R. Walker, Solicitor-General, Kopp & Peavy, Dewey Hayes, contra.

CARLISLE, J.

1. "Where, from the affidavits submitted in connection with a motion for a new trial, based on newly discovered evidence, it appears that the testimony relates to material facts which, upon another investigation, would likely produce a different result, and could not by the exercise of ordinary diligence, have been obtained at the trial, a…