Legal Opinion

Walker v. State

Court of Appeals of Georgia

Decided August 15, 1996No. A96A0761PublishedCited by 2 opinions

1Opinion of the Court

McMurray, Presiding Judge.

Defendant Walker appeals his conviction of the offense of aggravated assault. The sole enumeration of error complains of the denial of a motion for new trial based on newly discovered evidence, the confession of another to the crime of which defendant was convicted. Held:

The granting of a new trial based on newly discovered evidence is not favored and six well established requirements must be satisfied before a new trial will be granted. “On motion for a new trial based on newly discovered evidence, it is incumbent that the movant satisfy the court (1) that the…

2Cases cited4 opinions

  1. Timberlake v. StateSupreme Court of Georgia · 1980
  2. Humphrey v. StateSupreme Court of Georgia · 1984
  3. Offutt v. StateSupreme Court of Georgia · 1977
  4. Van Scoik v. StateCourt of Appeals of Georgia · 1977

3Cited by2 opinions

  1. Benn v. StateCourt of Appeals of Georgia · 2000
  2. Thomas v. StateCourt of Appeals of Georgia · 1997

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