Durden v. State
Court of Appeals of Georgia
1Opinion of the CourtBroyles, C. J.
1. The alleged newly discovered evidence is largely cumulative and impeaching in its character, and it is apparent that much of it must have been known to the defendant before his trial. Moreover, the supporting affidavit (required by section 6086 of the Civil Code of 1910) as to the residence, associates, means of knowledge, character, and credibility of the newly discovered witnesses, is absolutely silent as to their associates. The judge, therefore, did not abuse his discretion in refusing the grant of a new trial on this ground. Ivey v. State, 154 Ga. 63 (6) (113 S. E. 175).
2. The ground…
2Cases cited2 opinions
- Ivey v. StateSupreme Court of Georgia · 1922
- Cook v. StateCourt of Appeals of Georgia · 1913