Carr v. State
Supreme Court of Georgia
Manslaughter and motion for new trial, in Hancock Superior Court. Decision by Judge Baxter, April Term, 1853. After the hearing and decision of the motion for a new trial in this case — reported in Volume XIII, pp. 328, 334— another motion for a new trial was made, on the ground of newly discovered evidence; and in support of the motion, the prisoner produced, in addition to his own, the following affidavits : 1st. W. A. Lowry’s: “ That on or about the 12th Nov. 1851, he was…
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Manslaughter and motion for new trial, in Hancock Superior Court. Decision by Judge Baxter, April Term, 1853. After the hearing and decision of the motion for a new trial in this case — reported in Volume XIII, pp. 328, 334— another motion for a new trial was made, on the ground of newly discovered evidence; and in support of the motion, the prisoner produced, in addition to his own, the following affidavits : 1st. W. A. Lowry’s: “ That on or about the 12th Nov. 1851, he was in Milledgeville, and saw George W. Young-blood (the deceased) in the store of Otis Childs, purchasing a rifle pistol;…
1Opinion of the Court
By the Court.
Nisbet, J.,
delivering the opinion.
pL] It is very clear that a new trial cannot be awarded in this case, upon the newly discovered facts, as testified to in the affidavit of W. A. Lowry. The purchase of the pistol and buck-shot, and the declarations of the deceased, made at that time, that he had bought the pistol to kill Carr, the prisoner, were some weeks anterior to the killing. They are not admissible in evidence, because it cannot be presumed that Can-acted under their influence in slaying Youngblood, without knowledge of them; and there is no evidence whatever, of no*361tice to…
2Cited by6 opinions
- Vaughn v. StateSupreme Court of Georgia · 1892
- State v. StainSupreme Judicial Court of Maine · 1890
- Mayor of Monroe v. MeuerSupreme Court of Louisiana · 1883
- State v. FogginSupreme Court of Louisiana · 1914
- Ex parte SchmidtSupreme Court of South Carolina · 1886
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