Arwood v. State

Bleckley, Judge.

1. The general rule is not controverted, that a new trial will not be granted to give opportunity to impeach a witness by newly discovered evidence; but it is urged that the rule is not applicable where the witness is an only one upon some vital point in the ease. We find no such distinction, recognized in the books. In 3 Johns., 255, the report states that the newly discovered evidence went to impeach the material witness for the prevailing party. The court, in refusing a new trial, held this language: “ A verdict is never set aside to give the party an opportunity of…