Adams v. Worley

On Motion for Rehearing.

The movant contends that this court has overlooked the fact that the newly discovered evidence, on which a ground of his motion for a new trial is based, was uncontroverted, and also has overlooked the decision in Matthews v. Grace, 199 Ga. 400 (34 S. E. 2d, 454). Regardless of its truth, newly discovered evidence which is merely cumulative or impeaching in its character is not a ground for a new trial. Code, § 70-204. The Matthews case is distinguishable from this case and is not controlling here, because in that case it appeared that the newly discovered evidence…