Legal Opinion

Randall v. Whitman

Court of Appeals of Georgia

Decided September 24, 1953No. 34855PublishedCited by 4 opinions

1Opinion of the CourtTownsend, J.

1. While the writ of error corara nobis is recognized as a part of the law of this State—having been a part of the common law at the time that law was adopted—it will not lie in cases where the party seeking it has an adequate statutory remedy. South v. State, 72 Ga. App. 79 (33 S. E. 2d 23).

2. The applicant here seeks the writ of error coram nobis because he contends the remedy of an extraordinary motion for new trial as provided in Code § 70-303 is not available to him, for the reason that the newly discovered evidence upon which he relies is cumulative and impeaching in character. Without…

2Cases cited5 opinions

  1. Loomis v. EdwardsCourt of Appeals of Georgia · 1949
  2. South v. StateCourt of Appeals of Georgia · 1945
  3. Landers v. CobbSupreme Court of Georgia · 1920
  4. McLendon v. AndersonSupreme Court of Georgia · 1950
  5. State Board of Penal Corrections v. JohnsonSupreme Court of Georgia · 1940

3Cited by4 opinions

  1. State v. HuffmanOregon Supreme Court · 1956
  2. Riley v. StateCourt of Appeals of Georgia · 1963
  3. Harris v. StateSupreme Court of Georgia · 1969
  4. State v. HuffmanOregon Supreme Court · 1956

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