Graham v. State

1. “Where, from the affidavits submitted in connection with a motion for a now 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 now trial should be granted. This is true even though it be impeaching in its character, if it tends to establish a new and independent fact indicating the defendant’s innocence.” Saylors v. State, 9 Ga. App. 227 (70 S. E. 975); Harper v. State, 50 Ga. App.…