Wright v. Georgia
Supreme Court of Georgia
Indictment in Chatham Superior Court, for larceny from the house. ' Motion for new trial. Decided by Judge Fleming. January Term, 186J. Wright, the plaintiff in error, was indicted for the offence of larceny from the. house. The property alleged to have been stolen was a trunk containing money and other valuables. The offence was charged in the indictment to have been committed on the 17th day of March 1863. ( The trial took place in the May following.
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Indictment in Chatham Superior Court, for larceny from the house. ' Motion for new trial. Decided by Judge Fleming. January Term, 186J. Wright, the plaintiff in error, was indicted for the offence of larceny from the. house. The property alleged to have been stolen was a trunk containing money and other valuables. The offence was charged in the indictment to have been committed on the 17th day of March 1863. ( The trial took place in the May following. By the evidence of the owner and his wife, it plainly appeared that the trunk was stolen from the house while they 'were gone to market, on…
1Opinion of the Court
*114 By the Court.
Jenkins, J.
delivering the opinion.
The error assigned in this case is, the refusal to grant the appellant a new trial; and this error is referred to two grounds upon which the application was made.
[1.] It is insisted - that a new trial should have been granted on account of newly discovered evidence which, if adduced, would establish an aMbi.
In the case of Monroe vs. The State, 5 Ga. 85, it is stated as a settled rule of practice in this Court, that great caution will be exercised in granting new trials on the ground of newly discovered evidence. In Carlisle vs. Tidwell, 16 Ga.…
2Cases cited5 opinions
- Berry v. StateSupreme Court of Georgia · 1851
- Monroe v. StateSupreme Court of Georgia · 1848
- Levining v. StateSupreme Court of Georgia · 1853
- Beard v. SimmonsSupreme Court of Georgia · 1850
- Carlisle v. TidwellSupreme Court of Georgia · 1854
3Cited by19 opinions
- Harrison v. StateSupreme Court of Georgia · 1889
- Johnson v. StateSupreme Court of Georgia · 1943
- Key v. StateCourt of Appeals of Georgia · 1918
- Burnett v. StateCourt of Appeals of Georgia · 1927
- Humphrey v. StateCourt of Appeals of Georgia · 1929
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