Attaway v. State
Supreme Court of Georgia
Criminal law. New trial. Before Judge McCutohen. Bartow Superior Court. July Term, 1875. It Is only necessary to state that the newly discovered evidence was embraced in the affidavit of one Nancy Reeder, to the effect that she, in company with three other parties, heard Sal lie Russell say that Anderson Attaway did not cut or assault William Vaughn at the time and place charged in the indictment, but that she, Sallie Russell, Cut him; that Vaughn requested her to say…
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Criminal law. New trial. Before Judge McCutohen. Bartow Superior Court. July Term, 1875. It Is only necessary to state that the newly discovered evidence was embraced in the affidavit of one Nancy Reeder, to the effect that she, in company with three other parties, heard Sal lie Russell say that Anderson Attaway did not cut or assault William Vaughn at the time and place charged in the indictment, but that she, Sallie Russell, Cut him; that Vaughn requested her to say nothing about the difficulty, stating that he would fix it on some one else; that she did the cutting on account of some…
1Opinion of the Court
Warner, Chief Justice.
The defendant was indicted for the offense of an assault with intent to murder and on his trial therefor was found guilty. A motion for a new trial was mjade by the defendant, on the ground that the verdict was contrary'to law and the evidence, and for newly discovered evidence since the trial, which motion was overruled by the court, and the defendant excepted.
The assault was committed in the night, and the only point made upon the evidence was as to the identity of the defendant. The jury were satisfied from the evidence before them that the defendant committed the…
2Cited by7 opinions
- Emmett v. StateSupreme Court of Georgia · 1974
- Johnson v. StateSupreme Court of Georgia · 1924
- Lasseter v. SimpsonSupreme Court of Georgia · 1887
- Herrin v. StateSupreme Court of Georgia · 1973
- Rawlins v. StateSupreme Court of Georgia · 1906
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