Waller v. State

1. “Though the witness sought to be impeached by newly discovered evidence was the only witness against *675the prisoner upon a vital point in the case, if the sole eifect of the evidence would be to impeach the witness, a new trial will not be granted.” Arwood v. State, 59 Ga. 391. Levining v. State, 13 Ga. 513 (1); Wright v. State, 34 Ga. 110 (2); Jackson v. State, 93 Ga. 190 (18 S. E. 401); Haynes v. State, 18 Ga. App. 741 (3), 742, 743 (90 S. E. 485). “To sustain a motion for a new trial on the ground of newly discovered evidence of witnesses to the eifect that they were present at the time…