Hanye v. Candler
Supreme Court of Georgia
Application for mandamus, to which is attached a copy of the bill of exceptions presented to Judge Candler on September 1, 1896, and which he refused to certify.
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Application for mandamus, to which is attached a copy of the bill of exceptions presented to Judge Candler on September 1, 1896, and which he refused to certify. Erom this it appears, that after the affirmance by the Supreme’ Court of the judgment overruling the original motion for new trial, the defendant was resentenced to be executed on the seventh of August and was respited by the Governor until the fourth of September; and that on August 31, his counsel presented to the judge an alleged extraordinary motion for a new trial, based upon newly discovered testimony of "Watt Gantt, who…
1Opinion of the CourtSimmons, C. J.
1. Where a motion, for a new trial is based exclusively on the ground of newly discovered evidence, and it appears that the 'evidence relied on is cumulative only and would not probably produce a different result, the motion should be denied.
2. In the present case the vital and controlling issue contested at the trial was whether .or not the accused struck the deceased with a knife while both were in a standing position. The accused introduced evidence tending to show he did not so strike, and which, if the same had been believed by the jury, would have established the truth of the accused’s…
2Cited by8 opinions
- Harris v. RoanSupreme Court of Georgia · 1904
- Coggeshall v. ParkSupreme Court of Georgia · 1926
- Loomis v. EdwardsCourt of Appeals of Georgia · 1949
- Summerour v. FortsonSupreme Court of Georgia · 1932
- Tyre v. StateCourt of Appeals of Georgia · 1928
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